Probate Under Florida Law
Arcadier and Associates assists existing clients and new clients with their Probate needs. We have three offices in Florida with an experienced and caring Probate attorney to assist all your legal needs.
What is Probate?
Probate is the legal term used to describe the process of distribution or transfer of an individual's assets after death. The entire process is supervised by the local court of the county to ensure that the property of the deceased individual is in the hands of right people. Probate proceedings differ in every state. In Florida, probate proceedings are handled by the circuit courts.
Who Can Apply for Probate?
The probate process usually works as per the will of the deceased person. Every will has the name of a nominee or an executor, who is granted the right to handle the property and debts of the deceased individual. 'Grant of Probate' is the legal document which gives the authority to the executor to initiate the probate proceeding. In case, the deceased person has not left behind any will, any interested person can apply for probate.
Probate Proceedings in Florida
In Florida, there are three different types of probate proceedings. These differ depending on the type and the value of involved property of the deceased individual.
- Formal Administration
Formal Administration is the regular probate proceeding. If the property of the deceased individual fails to qualify for an easier administration method, then formal probate proceeding is required. Formal administration takes place when the deceased individual has passed away in last two years and the property involved is above $75,000.
Formal administration proceedings initiate after the executor or any other interested person applies to be the personal representative of the property. Usually these proceedings are held in the county where the deceased individual resided at the time of death. Other beneficiaries are legally notified about the probate to give them a fair chance of objection.
- Summary Administration
Summary Administration is taken place for small estates. It takes place when the individual has passed away before a long time and the property involved is less than $75,000. In this case, the court does not appoint a personal representative for the property. The circuit court just identifies if the property qualifies for summary administration. If is qualifies, then an order is issued, and the property is released to the individuals who are willing to inherit it.
- Disposition of Personal Property Without Administration.
Summary administration is further bifurcated to disposition of personal property without administration. This type involves filing of a pleading followed by an order issued by the court. It is accessible only if the deceased individual had exempt personal property along with non-exempt property worth much less.
Probate attorneys help you to understand which probate proceeding is applicable in your case. They will guide you in specific situations where the proceeding is objected by other beneficiaries. All three administration types are complex and time consuming. Experienced probate lawyers will make your administration process efficient so that you save time. Besides, you can also seek help from lawyers to draft your will so that your beneficiaries don't face the same problems while inheriting your property.