Probate Administration
How can Probate be Avoided?
Probate in Florida can be avoided or minimized through various estate planning strategies. One common approach is establishing a Revocable Living Trust, which allows you to transfer your assets into the trust, effectively removing them from the probate process. Assets held in the trust can be managed seamlessly during your lifetime and transferred to beneficiaries without the need for court involvement upon your death. Careful estate planning, including a well-drafted will, can simplify the probate process, making it simpler to navigate. However, seeking guidance from an experienced estate planning attorney is essential to ensure that your estate plan aligns with Florida law and effectively achieves your goals for probate avoidance.
Formal Administration Probate
Formal administration probate in Florida is a legal process used to settle the estate of a deceased person when: 1) value of non-exempt probate assets exceeds $75,000.00 2) when a decedent died less than two years ago and when there is an abundant amount of debt/creditors and/or 3) when a personal representative is needed to settle the affairs of the decedent. This process involves filing a petition with the probate court to appoint a personal representative to administer the estate. Formal administration provides a structured framework for handling the deceased person’s financial affairs, including identifying and valuing assets, notifying creditors, and paying valid debts. The court oversees the distribution of assets to beneficiaries and ensures that the probate process follows Florida law.
Summary Administration Probate
Summary administration in Florida is a streamlined probate process designed for estates with a total value of $75,000.00 or less or for cases where the deceased person has been deceased for over two years. Unlike formal administration, summary administration is a quicker and less complex method to settle an estate. In this process, the court may issue an order distributing the assets directly to the heirs without appointing a personal representative, thereby lessening time and administrative costs. To initiate summary administration, a petitioner, usually a surviving spouse or a beneficiary, files a petition with the probate court, providing necessary documentation and details about the estate. This method offers an efficient way to handle smaller estates and reduces the administrative burden on families. It is important to speak to a licensed attorney who specializes in the probate process in order to determine which type of probate is best suited for your circumstances.
Ancillary Probate Administration
By definition, ancillary administration refers to the court proceeding which occurs when a person passes away with assets in more than one state, or passes away in one state while having property in another state. This process is supplemental to the primary probate proceedings occurring in the decedent’s home state. Ancillary administration involves filing a separate probate proceeding in Florida, appointing a personal representative to manage and distribute the Florida-based assets in accordance with the decedent’s wishes or applicable laws. This ensures that the real property in Florida is properly addressed within the state’s legal framework, providing clarity and legal oversight for the distribution of the out-of-state individual’s assets.
Our Probate Process
1.
Initial
Consultation
Schedule free consultation by calling our office or using the schedule button above.
2.
Gather
Information
Meet via online meeting, phone call or in person to discuss your legal need and to prepare a legal strategy with attorney.
A certified death certificate – (the short version) is what is needed to start, as well as an original Will, if any.
3.
Review
Documents
Your documents are prepared and sent to you for review of accuracy and signature.
4.
Court
Documents
Filed
The necessary documents are filed/deposited with the court pursuant to Florida law.
When the court orders are received, you will be notified.
5.
Case
Status
You will be given the opportunity to ask questions at every stage of the process.
Additionally, you will be notified when any updates occur.
(727) 487-9455