Wills, Probate

Trusts, Estate Planning

210 South Beach Street, Suite 202
Daytona Beach, FL 32114
(386) 257-3332

Personal Representative

We highly recommend Attorney Webb. We were her clients for estate planning. She listened to us and evaluated our situation. She heard our ideas and offered several creative alternatives. After discussion, this enabled us to solve some troublesome issues.
She is highly attentive to her client's needs. One of us was scheduled for surgery in the near future. She expedited our health care proxies so that the documents would be in place before the hospitalization.
She is a warm and genuine person, which comes through in the attention she gives her clients.

~ John F

Heidi is the best !! After the birth of my daughter, all my priorities changed, of course, and she helped me through all the new "adulting" I needed to do! She made it super easy to talk about some difficult subjects and I never once felt uncomfortable. We actually shared a few laughs and I'm appreciative of that. We went through everything from advanced directives, trust planning, and wishes I had for my family in any event that I would be unable to care for them. Like I said, it's some tough stuff to face for some of us, but I am so appreciative for her services . The peace of mind I have now is priceless ! Thank you Heidi !!

~ Lauren M

difference between probate and non-probate assets

What’s the difference between probate and non-probate assets?

Estate planning in Florida encompasses more than just preparing a will. One crucial aspect of planning involves understanding the difference between probate and non-probate assets. This distinction can significantly affect how your estate is distributed after death.

Probate Assets

Probate is the legal process by which a deceased person’s assets are identified, their debts paid, and the remaining assets distributed according to their will. If there’s no will, the assets are distributed according to Florida’s intestacy laws.

Probate assets include:

  • Real estate owned solely by the deceased: Joint ownership with the right of survivorship will bypass probate.
  • Personal property: Items like cars, jewelry, furniture, etc., solely in the deceased’s name.
  • Bank accounts solely in the deceased’s name: This doesn’t include joint accounts or accounts with designated beneficiaries.
  • Investments and stocks held solely in the deceased’s name: This also excludes joint holdings or beneficiary-designated accounts.

The probate process in Florida can be time-consuming and expensive, with costs sometimes taking up a significant portion of the estate.

Non-Probate Assets

Non-probate assets, on the other hand, pass directly to a designated beneficiary or joint owner without going through the probate process. This provides a more immediate property transfer and typically avoids the costs and delays associated with probate.

Non-probate assets include:

  • Jointly owned property with the right of survivorship: The surviving joint owner automatically inherits the asset.
  • Retirement accounts with designated beneficiaries: Such as IRAs, 401(k)s, etc.
  • Life insurance policies with named beneficiaries.
  • Payable on death (POD) or transfer on death (TOD) accounts: These designations allow assets to pass directly to a designated beneficiary.
  • Trust assets: Assets held in a living trust bypass probate and go directly to the named beneficiaries.

Why Understanding the Difference Matters

Understanding the difference between probate and non-probate assets is vital in estate planning. It influences how you choose to hold property or designate beneficiaries to ensure that your assets are distributed according to your wishes with as little time and expense as possible.

Navigating probate and non-probate assets in Florida can be complex. An experienced estate planning attorney like Heidi S. Webb, Esq., can help guide you through the intricacies of Florida’s estate laws and ensure that your estate plan is tailored to your unique situation. Contact Heidi today to discuss your estate planning needs.

Heidi S. Webb, Attorney at Law, serves clients in Daytona Beach, Ormond Beach, Port Orange, and beyond with matters of Estate Planning and Probate. Contact her today to schedule a free consultation. Visit her page on Facebook, or see what her clients are saying to learn more about Heidi. 

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