When compared to other states across the US, probate laws in Florida are complex. The laws of the state guarantee the beneficiaries’ right to receive their fair share from a decedent’s estate, also protecting creditors from going unpaid upon a debtor’s death.
Is it possible to handle Florida probate administration without professional guidance? Read on to find out.
Can You Deal with Probate Yourself in Florida? – The Basics
Determining whether a deceased person’s estate must go through probate depends on several factors, such as the existence of a valid will, the number of assets subject to probate in the estate, and the decedent’s date of death.
There are two types of probate in Florida – summary administration and formal administration. Florida Statutes §735.201 specifies that “summary administration may be had in the administration of either a resident or nonresident decedent’s estate, when it appears:
- In a testate estate, that the decedent’s will does not direct administration as required by chapter 733
- That the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $75,000, or
- That the decedent has been dead for more than two years”
Even though Florida law does not require formal legal representation for summary administration, probating an estate is always a multi-task, detail-oriented process that requires experience to avoid inadvertent errors.
The best approach is to consult an expert attorney to file an adequate petition, handle the court’s demands, and guarantee efficient distribution. With expert guidance, summary administration can be completed within a few weeks.
If an estate subject to probate does not qualify for summary administration, it must go through formal administration. The court must appoint a personal representative (also referred to as the “executor”) to handle the decedent’s estate and ensure proper distribution of the assets.
Florida law requires the personal representative to hire an attorney for legal representation. Unless you are a licensed attorney in Florida, you must hire an attorney when serving as an executor of a deceased person’s estate.
Why Working with a Probate Attorney is the Best Approach?
A probate attorney is a professional that understands Florida probate laws and knows how to deal with the lengthy procedures involving probate. Without real-world experience in probate court, dealing with an extensive list of rules, forms, court officials, and probate-related issues can become a nightmare.
Conducting the probate process requires several documents and forms. A seasoned attorney can help you write and handle all the necessary documents in the process, helping you to save time for other activities.
The DIY way to handle probate is neither prudent nor efficient. If you want to avoid an administration led by trial-and-error and guarantee timely processing, rely on expert legal guidance.
, a small mistake can turn into a costly event. An attorney can represent you throughout the process and precisely handle demands from creditors, beneficiaries, and other interested parties.
Waste no Time with Uncertainty – Immediately Consult with Your Florida Probate Lawyer
Avoid unnecessary risks and ensure full legal compliance. Contact Attorneys Romy B. Jurado and Diana C. Collazos today by calling (305) 921-0976 or emailing [email protected] for expert legal services.