Does wages due a decedent at time of death need to be included in probate assets?

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Does wages due a decedent at time of death need to be included in probate assets?

The decedent was a resident of Florida.

Asked on December 4, 2016 under Estate Planning, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, the right to those wages or the claim for them is part of the probate assets: assets include the legal right to payment, even if payment has not been made yet. And, of course, if payment is made before probate is closed out, the actual wages will be part of the estate, too.


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