Florida Probate Attorney
Formal Administration
Most estates require a Formal Administration. Any assets owned solely by the decedent that do not have a beneficiary listed require administration in order to be able to be distributed to the beneficiaries. In addition, any potential creditors can bring claims and recover if appropriate. Many people believe that a Will avoids probate. However, that is not the case. A Will directs how the assets of a decedent are to be distributed during the probate process. If there is no Will, the decedent's assets shall pass according to the Florida Statutes.
Summary Administration
A Summary Administration is an abbreviated probate proceeding available in limited circumstances. If a person has been dead for two years or the estate is under $75,000, this simplified proceeding is available. Summary Administrations take far less time and can usually be completed within one to two months, depending on the jurisdiction. The fees for this type of proceeding are typically lower than other probate proceedings.
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Frequently Asked Questions
The timeline for a probate administration depends on several factors. Certain types of probate administrations take weeks to months. These are called Summary Administrations. If a Formal Probate is required, the length of administration takes much longer. Typically, these administrations take between six months and one year.
Yes, the Florida Statutes require an attorney in almost all estates.
The timeline for a probate administration depends on several factors. Certain types of probate administrations take weeks to months. These are called Summary Administrations. If a Formal Probate is required, the length of administration takes much longer. Typically, these administrations take between six months and one year.
When a person passes away, any property in their individual name will require some form of probate administration in order for the deceased person's heir or heirs to inherit the property. If the person had a valid will, the will would control the distribution of the assets. If the person did not have a will, the Florida Statutes determine who is entitled to inherit.
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