![]() ![]() They monitor, file, and store all pending case files and all wills that have been deposited with the probate department. When it comes to sale of real property in estates and guardianships, all judges assigned to the 13 th Judicial Circuit Court (Hillsborough County) requires that the probate, guardianship, and trust department maintains the files on probate estates, wills, trusts and guardianships for both minors and incapacitated persons. The request can be made on the UPSPS website, or in person at a branch location. The personal representative of the estate, or the immediate family members of the decedent, should have the decedent’s mail forwarded to a convenient location by requesting a change of address or mail forwarding with the United States Postal Service. The second step for identifying probate and non-probate assets is to check the mail of the decedent, since financial institutions and insurance companies will periodically send correspondence regarding accounts. It is advisable to wait until an estate is open, and a personal representative is appointed before executing any type of sales contract. Often the goal is to sell the piece of real estate during the probate process, and to have to proceeds divided among the identified beneficiaries. If the property appraiser report and most recent deed confirm that the real estate, aka real property, is in the sole name of the decedent, then a probate will be required in order to eventually sell or transfer the property. The first step in identifying probate assets is to confirm how the decedent’s real estate is titled, by visiting the Hillsborough County Property Appraiser. There are many types of non-probate assets, such as real estate titled in the sole name of the decedent, jointly held property, IRAs and life insurance proceeds payable to a beneficiary, and more. All probate assets are frozen and can only be transferred through the probate process. Probate assets are those titled in the sole name of the decedent, and do not have a beneficiary designation or POD feature. The most relevant factor in determining if a probate is necessary, is assessing if there are any probate assets, as oppose to non-probate assets.
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