Types of Florida Probate
Nobody said that the Florida probate process is easy or straightforward. Something that complicates an already nuanced situation, is you might have down solid how one type of Florida probate works. And then, to your dismay, you discover – Florida recognizes separate forms of probate. And these processes are different. Gaining the expertise and experience of an esteemed wills & probate lawyer is advisable when dealing with issues of Florida probate. A single article could never give you everything you need to know about the different forms of probate – however, this will give you a good general idea of the world that exists.
Why Are There Different Forms of Probate?
There are different forms of probate because every estate is different, and some need different things. Estates enter probate at varying times after the decedent has passed away, estates are different sizes, estates are made up of different kinds of assets, have different creditors and potentially disagreeing beneficiaries. The type of probate the estate goes through will depend on the specifics of your own situation.
The Types of Florida Probate
Florida utilizes the following forms of probate:
- Formal Administration
Formal administration begins with naming a personal representative to the estate (aka executor). The personal representative will gather the estate assets, identify and pay creditors, debts, taxes and expenses, and transfer assets to the proper beneficiaries.
If the decedent crafted a last will and testament then the personal representative is the one who will request that the will be admitted to the probate court. The court will ensure that the will is legally valid under Florida law. If deemed valid by the court, the Personal Representative is beholden to carry out the directives as set forth in the will.
- Summary Administration
Summary Administration can be used for smaller estates, with non-exempt assets valued at less than $75,000, or if the decedent passed away more than two years prior.
No personal representative is appointed. Instead, a petition is submitted to the court to direct the estate to those entitled to it either under the dictates of a valid last will and testament, or in accordance with the law. If approved, the court makes an Order for Summary Administration and assets are directed to be allocated to the appropriate beneficiaries.
- Ancillary Administration
This probate option is utilized when an individual owns assets in Florida, but is a primary resident of a different state. This is usually used to deal with assets such as vacation homes. Ancillary probate provides legal authority to appropriately handle the Florida asset when primary probate proceedings are taking place in a different state.
Contact Suncoast Civil Law
Probate is a complicated process, and done incorrectly it can cost everyone involved time and money. Incorrect action or inaction can lead to court delays, the necessity of additional court hearings, asset inventories could be incomplete and assets disappear, creditors could try to over-reach…the list goes on. The esteemed Sarasota probate litigation attorneys at Suncoast Civil Law can help you to ensure that your case’s probate process is run as efficiently and effectively as possible. Contact our office today to begin discussing the specifics of your case and your best next steps.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.2121.html