helping Protect Your Assests

Probate

Florida Probate Administration

If you’re looking for representation for a probate administration matter, you’ve come to the right place. We handle many probate administration cases, ensuring that we have the experience and know how to ensure that the process will go smoothly. It’s important to know that there are assets that do not require probate such as some types of joint bank accounts, jointly owned real property and assets held in a trust. There are three basic types of probate administration in Florida:

  • Disposition Without Administration: Florida does not require probate when the assets of the estate are less than the cost of “final expenses,” all the assets are exempt from creditor claims and the deceased person didn’t own any real estate.
  • Summary Administration: If the assets of an estate are $75,000 or less, excluding a Florida “homestead,” a simplified type of probate administration can be utilized. Skipping the process of appointing an executor (personal representative) for the estate, the court has the discretion to issue an order simply releasing the property to the named beneficiaries in a Will, or to legal heirs if the deceased died intestate.

Formal Administration: Larger estates or estates that are being contested are subject to more formal proceedings to ensure that the assets are passed to the proper recipients. The process begins with the appointment of an executor (personal representative) who is issued letters of administration, giving them the right to act on behalf of the estate. The assets are gathered and their values are assessed, followed by a report issued to the court that outlines the assets and a plan to distribute them. Upon the court’s approval, the creditors of the estate are paid and the assets are distributed.