Several common issues our clients face revolve around the rights of out-of-state heirs. Many frequently wonder about their rights as heirs if they are not Florida residents. While the procedures may be more complex, out-of-state heirs have the same right to receive their inheritance as in-state heirs.
The World of Estate Distribution: An Introduction
Let’s begin by explaining several key terms and concepts. “Decedent” is the term used for someone who recently passed away. Before their death, many people document their last wishes in either a will or trust. If someone dies without a trust or will, they die “intestate.”
Heirs vs. Beneficiaries
There are two terms for people who inherit assets after another’s death: heirs and beneficiaries.
While heirs and beneficiaries both stand to inherit assets from an estate, they have two distinct definitions in estate planning. An heir receives assets from a decedent who passed away without a will or trust in place. Courts identify heirs through the state’s intestacy laws, and heirs are almost always blood relatives of the decedent. In Florida, possible heirs to an intestate decedent’s estate include the decedent’s spouse, children, and grandchildren.
On the other hand, beneficiaries receive assets because they are specifically named in a decedent’s trust or will. If there is an existing and valid will, then heirs may only receive assets if the decedent named them a beneficiary.
Wills and Trusts: Definitions
A will is a legal document expressing a person’s final wishes regarding how their property and assets should be distributed after their death. Wills also nominate who should be responsible for managing the estate. The legal term for the administrator of the will in Florida is the personal representative, although in many other states this administrator is referred to as an executor. Wills take effect only after the decedent’s death and must go through probate court. During this process, a judge oversees the administration of the decedent’s estate.
A trust is a legal entity to which a person transfers ownership of their assets. The legal term for the manager of the trust is the trustee. The trustee is responsible for distributing the trust’s assets for the benefit of the beneficiaries. Trusts come in various forms and have several benefits compared to wills. For instance, trusts avoid the probate process, can avoid certain creditors, and maintain a person’s privacy. And unlike wills, some kinds of trusts can go into effect before the decedent passes on.
The Probate Process
In Florida, the path to transferring assets can take place either through a probate court or the trust administration process. However, because only probate courts resolve the estates of intestate decedents, heirs will need to understand the probate process.
Probate begins after a person’s death to authenticate their will (if one exists) and oversee the distribution of their assets. The probate process typically involves the following five steps:
- Filing a petition. Probate begins when someone (usually a family member) files a petition with the probate court. If a will exists, the court will authenticate it.
- Appointment of a personal representative. If there is a will, the court usually appoints the person nominated in the will to act as personal representative. If there is no will, the court determines who will be appointed to administer the estate.
- Inventory and appraisal. The personal representative identifies, collects, and manages the decedent’s estate. They will also appraise these assets if necessary.
- Payment of debts and taxes. The personal representative is responsible for ensuring any properly presented debts and outstanding taxes owed by the decedent are paid, if there are funds available.
- Distribution of assets. After paying all debts and taxes, the personal representative will distribute the remaining assets either as directed by the will or to any heirs according to state intestacy laws.
The probate process can be lengthy and often costly due to court and attorney fees. Also, probate is a public process. Therefore, the decedent’s assets and their distribution become part of the public record, which some people may find undesirable.
Out-of-State Heirs’ Rights
Florida law makes clear that all non-citizens “shall have the same rights of inheritance as citizens.” Therefore, out-of-state heirs enjoy the same rights as heirs who reside in Florida, including:.
- Right to Information: Heirs have the right to current information about their inheritance and the overall process of the estate administration.
- Right to an Accurate Inventory: Heirs can receive a complete and accurate inventory of the decedent’s assets, liabilities, and other relevant financial information. This allows them to understand the value of what they are inheriting and to ensure that the estate is being properly managed.
In addition, an heir can seek relief through legal channels if they feel that the court did not follow the state’s intestacy laws. An heir can challenge a will if they feel it:
- Has ambiguous language,
- Does not meet Florida’s legal requirements, or
- Was the product of fraud or undue influence.
Having legal counsel during an estate lawsuit or will challenge can be vital for a successful outcome.
Our Team at Beller Law, P.L.
In sum, out-of-state heirs have the same inheritance rights as in-state heirs, regardless of geographical distances or borders. However, navigating probate courts and rules regarding heirs can be confusing. Patience, understanding, and diligence are essential to smoothly navigating the path from inheritance to possession.
At Beller Law, P.L., we understand that dealing with losing a loved one is a difficult and emotional journey. We also know how it can be next to impossible to grapple with a loved one’s passing when you also have to struggle with a tangle of legal proceedings. We dedicate ourselves to providing clear, compassionate, and comprehensive legal guidance to out-of-state heirs and beneficiaries. Whether it’s assisting with estate administration or defending your rights in court, we are committed to delivering you the highest standard of service. Get in touch with us today to set up an initial consultation.