Disposition | Asset Distribution | Probate & Estate Planning

Disposition refers to the process of distributing the assets of a deceased person among their heirs and beneficiaries. In Florida, disposition of property in probate is governed by the Florida Probate Code, which outlines the legal procedures that must be followed in order to properly distribute a decedent's assets.

Understanding the different types of disposition available in Florida is important for anyone involved in probate and estate planning. There are several different types of disposition, each with its own requirements and legal procedures.

Types of Disposition in Florida

Intestate Disposition - When a person dies without leaving a valid will, their property is distributed according to Florida's intestacy laws. These laws provide a hierarchy of heirs, beginning with the surviving spouse, children, parents, siblings, and other relatives in order of proximity. If there are no living relatives, the property may escheat to the state.

Intestate disposition can be complicated, especially when there are multiple heirs and beneficiaries involved. An experienced probate attorney can help ensure that the property is distributed in accordance with the law and in the best interests of all parties involved.

Testate Disposition

A testate disposition occurs when a person dies leaving a valid will. The will specifies how the decedent's property should be distributed, and the executor of the estate is responsible for carrying out these instructions.

In order for a will to be considered valid in Florida, it must meet certain legal requirements. The will must be in writing, signed by the testator (the person making the will) and witnessed by at least two witnesses who are present when the testator signs the will.

If there are any disputes or challenges to the validity of the will, an experienced probate attorney can provide legal guidance and representation to ensure that the decedent's wishes are carried out.

Trust Disposition

A trust is a legal arrangement in which a person transfers property to a trustee, who is then responsible for managing and distributing the property to the trust beneficiaries. Trusts can be established during a person's lifetime or as part of their estate plan.

Trusts offer several advantages over wills, including the ability to avoid probate and maintain privacy. However, the process of distributing property through a trust can be complex, and it is important to work with an experienced attorney to ensure that the process is handled correctly.

Non-Probate Disposition

Certain types of property are not subject to probate, and are instead distributed outside of the probate process. Examples of non-probate property include life insurance policies, retirement accounts, and property held in joint tenancy.

While non-probate property is not subject to the same legal requirements as probate property, it is still important to ensure that it is properly distributed to the appropriate beneficiaries. An experienced attorney can help ensure that all non-probate property is distributed correctly.

Conclusion

Disposition is a critical part of the probate and estate planning process in Florida. Understanding the different types of disposition available, and the legal requirements associated with each, is essential for ensuring that a decedent's assets are properly distributed to their heirs and beneficiaries.

Working with an experienced probate and estate planning attorney can help ensure that the disposition process is handled correctly, and that the interests of all parties involved are protected. With the right legal guidance, disposition can be a smooth and straightforward process that helps bring closure to a difficult time.

Information contained in this website is for general informational purposes only. It does not constitute legal advice.