PRACTICE AREAS

Probate:

Probate is a court-supervised process for transferring a deceased person’s assets to the beneficiaries listed in his or her will, or, when there is no will , to the persons authorized by statute to receive the property. Florida has a very detailed probate system set forth in the Florida Statutes and also in the Probate Rules adopted by the Florida Supreme Court . Florida uses a “short form” of probate for certain smaller estates, which is quicker and cheaper than the “formal administration” used for most probate administrations . Summary administration can include any value of “homestead” so long as the “non-exempt” property does not exceed $75,000. Summary administration can also be used in any size estate if the decedent has been dead more than two years . Formal administration requires a minimum of four months to complete, and most take longer. The process starts with a petition to open the estate and name the personal representative . When that is done, a Notice of Administration is published in a local newspaper and is also sent to beneficiaries and other “interested persons.” Creditors generally have 90 days in which to file their claims, and once the period of time for creditors’ claims has passed, the personal representative can pay the debts and distribute the remaining estate. Once done, a petition for discharge is filed, and the estate closed.

Probate: FAQ