Often, when someone has a need for a probate attorney, they are also curious about the probate process. Florida probate administration is a legal process by which a deceased person’s assets are distributed among their beneficiaries or heirs. Probate has two basic parts. The settlement of debts, and the distribution of assets. Probate is a court-supervised procedure designed to ensure the orderly transfer of assets, payment of legitimate debts, and resolution of any claims against the estate. Florida Probate Courts operate under the Florida Probate Code, a group of statutes which outlines the rules and timing governing this process. The complexity of the process can vary depending on the size of the estate, the presence or absence of a valid will, whether there are disputes among the heirs or beneficiaries, and the complexity of the issues presented. The probate process is designed to provide transparency and accountability and to safeguard the rights of both the decedents creditors and beneficiaries.
Formal Administration and Summary Administration
One of the key distinctions in probate is between formal and summary administration. Formal administration is required when the estate’s value exceeds $75,000 or when there are complex issues to resolve such as proving the validity of a will or the sale of real estate. In formal administration a personal representative is appointed by the court to manage the estate’s affairs. On the other hand, summary administration is a streamlined process suitable for smaller estates where the value of assets subject to probate is less than $75,000 or if the decedent has been deceased for more than two years. Summary administration allows for a faster distribution of assets without the appointment of a personal representative.
Probate is a process that takes time
Florida probate also involves several stages. Navigating the probate process in Florida can be intricate and most often requires the services of a probate lawyer. Seeking legal guidance following the death of a loved one is often advisable to ensure compliance with state laws and to expedite the distribution of assets to those who have a right to inherit. We can help your family navigate the probate process. Please give us a call.
