What taxes and expenses must be paid out of an intestate estate?
In the state of Florida, when someone passes away without leaving a will (known as passing “intestate”), the state law guides how the estate is handled. When an intestate estate is distributed, the estate must first pay any taxes and expenses that are due before assets can be passed on to the heirs. The first payable expense is the cost of the probate proceedings, which includes court and attorney fees. After the probate fees are paid, funeral and burial costs must come out of the intestate estate. Next, any remaining debts of the deceased must be paid out of the estate. This includes any unpaid medical bills, mortgage payments, and/or other unpaid obligations. Finally, any estate taxes or other taxes the deceased may have accrued during their lifetime must be paid out of the intestate estate. In conclusion, when someone dies leaving an intestate estate, the cost of the probate proceedings, funeral expenses, debts of the deceased, and estate taxes must be paid out of the estate before assets can be distributed to the heirs.
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