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Types of probate in Florida

If you’re searching for a probate attorney in Florida, chances are you’re already aware that you must hire a lawyer to assist you in a probate case according to state law, except in very limited circumstances. However, you may not know about the various types of probate administrations and what they entail.

A "formal administration" is the appropriate form of probate when the total inventory value of the estate is over $75,000. In this type of probate matter, a personal representative is nominated to act on behalf of the deceased. A probate attorney can help the personal representative to take actions such as identifying and valuing estate assets, conducting a search and notifying known creditors, paying valid claims with estate assets, and distributing the estate to the appropriate beneficiaries. A formal administration is required if you need an individual to perform an act that only the deceased is able to perform.

A "summary administration" is appropriate when the total estate value is less than $75,000, or in the event that the deceased has been dead for more than two years. After two years, regardless of the form of probate, creditor claims are barred. A summary administration is an abbreviated probate proceeding wherein the petitioner files a Petition and the Court will enter an Order which transfers estate assets to the beneficiaries.

If the deceased lived outside of Florida but owned real property in the state of Florida, an "ancillary administration" will be necessary to transfer title to the real property. There is also an abbreviated form of ancillary administration when the value of the property is less than $50,000 where title to real property is effectively transferred by admitting the foreign transcript (will and related documents) to record.

There is also a form of probate called "disposition of personal property without administration" that may be appropriate if the total inventory value of the estate is less then the funeral expenses. Unlike other forms of probate in Florida, you do not need an attorney in this instance.

In order to determine what form of probate may be appropriate, you should immediately contact an attorney regarding the particular circumstances that apply to your case. In addition to probate matters, our firm also takes on cases involving wills, divorce, child support, custody battles, relocation issues, domestic violence injunctions, criminal defense, personal injury, medical malpractice, and wrongful death cases. While our main office is in Gainesville, we also handle family law matters through our satellite offices in Ocala, Chiefland, Lake City, and Palatka.

For help with your legal issue, contact the Law Offices of Stephen K. Miller for a free phone consultation at (866) 496-8752 or via email at Info@ForYourLaw.com

BY: Stephanie N. Mack, Attorney

August 13, 2012
 
 
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