Q: My mom passed away in Florida with a Will and beneficiaries listed on all financial accounts. Is probate required?
She transfered all of her real property to other family members before her death including her home.
A: Very sorry for your loss and on the passing of your mom, please accept my condolences. If all you have stated is accurate and correct and there are no estate assets in your mom's name alone that would need to be probated, then no, a probate will not be required. You may want to speak with a probate attorney just so that you can provide all the details and specifics and to make sure you have covered everything, but it does appear that no probate will be required based on what you stated above. I will add, while Homestead can and may be transferred during life, there are issues that can and may arise if there is a surviving spouse, if property was transferred and there is a living spouse some issues can arise potentially, just be aware. Again, I am very sorry for your loss of your mom.
A: If she died with no assets titled in her individual name then no probate is required in the state of Florida.
A: Sorry to hear about the passing of your mother. If there are beneficiaries, then probate for those assets are likely not necessary. For example, if someone is listed as a beneficiary on the bank account, that person could just go to the bank and withdraw the money (after filling out the appropriate paperwork). So if there are beneficiaries, then probate is probably not necessary. However, if there are not beneficiaries, and all there is is a Will, then probate might be necessary. Having a Will does not avoid probate.
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