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April 1, 2023

Losing a loved one is arguably one of the most painful and difficult moments in someone’s life. The last thing anyone wishes to deal with is the probate court, yet it is necessary at times.  If you’re unsure whether or not you may need the help of a Florida probate lawyer, keep reading on.

What is Florida Probate?

In Florida, probate is a court-administered process of either proving the decedent’s will (if they left one) or distributing the probate assets according the Florida statute (if not valid will was left behind).  The probate estate will not necessarily consist of everything the decedent owned at their death.  Instead, the probate estate will be comprised of those assets that were held solely in the decedent’s name at their death (meaning the asset was not jointly owned and did not list beneficiaries).

When is Florida Probate Needed?

In Florida, there are two primary types of probate: Summary Administration and Formal Administration. Either of them could be necessary if the decedent left behind assets with no named beneficiary and no joint owner.  Which type of administration is needed will depend on the value of the estate (more on this below).

Formal Administration

Formal administration is the process required for estates over $75,000, when the decedent died less than two years ago, or when there are matters that the personal representative must handle on behalf of the estate.  With formal administration, a personal representative (sometimes called an Executor) is appointed. This individual is either named in the will, or if no will was left behind they may have priority under Florida Statutes.  This type of administration may take up to 12 months to complete and has a 3 month mandatory creditor period.

Summary Administration

Most estates only require summary administration. Summary administration is used when the estate assets are valued at less than $75,000 or when the decedent died more than two years ago.  This process can take as short as 6 weeks to complete and does not require that a personal representative be appointed.

Why You May Need a Florida Probate Attorney | Broward County Probate Attorney

An experienced probate attorney can make a stressful probate process much easier.  They will take care of all the drafting and filing of the paperwork involved, correspond with the court and court staff on behalf of the estate and more. If you have lost a loved one and are in need of further guidance, give our office a call. We would be happy to discuss your potential case further.

954 999 9683 – The Legacy Law Firm | Florida Probate | Broward Probate Lawyer | Palm Beach Probate Lawyer