Upon someone’s passing in Florida, different circumstances will require distinct types of probate. Accordingly, the type of probate applied varies according to the size of the decedent’s estate, the types of assets held within it, disputes between heirs, etc.
In this article, you will find out the essentials about the types of probate in Florida.
What Are the Types of Probate in Florida? – An Overview
Disposition Without Administration
Although it is not technically correct to identify disposition without administration as a probate type, the knowledge of the concept is fundamental.
Nonetheless, this type of proceeding applies only to a limited number of cases, such as situations in which the total value of the decedent’s estate does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness.
Ultimately, it is the rarest manner of administering an estate upon someone’s death in Florida.
Formal Administration
If the decedent has died less than two years ago or the total value of the estate subject to probate exceeds $75,000, the estate may be formally administered.
Considered Florida’s traditional form of probate, formal administration begins when a probate court designates an individual/entity to serve as the decedent’s personal representative. Accordingly, the personal representative must execute the decedent’s estate, which involves several tasks such as:
- Identifying, gathering, and securing the assets subject to probate
- Doing a detailed inventory of the decedent’s estate
- Issuing Notice of Administration to all interested parties
- Accessing and securing information about the decedent’s estate
- Locating and notifying any creditors to the estate subject to probate
- Paying the deceased’s final debts
- Paying taxes
- Filing tax returns
- Distributing the decedent’s assets to the rightful beneficiaries
- Closing the estate once all steps are completed
Nonetheless, formal administration is the longest of all types of probate, usually requiring from six to eighteen months to complete. Additionally, formally administering an estate in Florida incurs more expenses (costs commonly start at $500) and paperwork than summary administration.
Summary Administration
Popularly known as the streamlined version of probate, summary administration applies to cases in which the decedent’s estate is valued at $75,000 or less or when the decedent has been dead for more than two years.
There is no appointment of a personal representative in summary administration. Hence, the process is completed by filing a petition to the court to conduct the distribution of the decedent’s estate to those entitled to it in the last will or according to statutory rules.
Once the petition is approved by the probate court, they will issue an “Order for Summary Administration” to direct the allocation of the assets subject to probate to the rightful beneficiaries.
Understanding Ancillary Administration – When Is It Necessary in Florida?
Ancillary probate is necessary only in cases where the decedent was a primary resident of another state but passed away owning assets in Florida (real property, usually).
Essentially, the process of ancillary probate ensures that the decedent’s beneficiaries or personal representative(s) have the legal authority to relocate the Florida property while the primary probate administration is being adjudicated outside of the state.
What Probate Type Applies to Your Case? – Contact Your Florida Probate Lawyer Today
Properly handling probate administration requires strategic legal guidance. If you want to ensure a smooth experience during probate, waste no time – call Attorneys Romy B. Jurado and Diana C. Collazos at (305) 921-0976 or email [email protected] to schedule a consultation.
