What is Probate?

Living willProbate is a legal process through which the assets of a deceased person are properly distributed to the heirs or beneficiaries under a will, or if there is no will, according to Florida law. The Court oversees the estate to make sure debts are paid and proper distribution is made.

There are 3 types of Probate Proceedings:

1. Formal Administration is available for all estates.

Probate2. Summary Administration may be filed when it appears the decedent’s will does not require Formal Administration and that the value of the entire estate subject to administration in this state, less the value of property exempt from claims of creditors, does not exceed $75,000, or that the decedent has been dead for more than 2 years.

3. Disposition of Personal Property Without Administration may be filed to request release of the deceased’s solely owned assets to reimburse the person who paid the final expenses; funeral bills, medical bills for the last 60 days, etc. This procedure may be accomplished with the filing of an informal petition.

WillThe decedent’s will, if any, and certain other documents are required in order to begin probate proceedings. Typically, these documents are filed with the clerk of the circuit court in the county in which the decedent lived at the time of his or her death. The clerk maintains an ongoing record of all documents filed with the court and clerk, for the administration of the decedent’s probate estate. Click here for a list of the required recordable documents.

You may wish to seek legal advice before deciding which type of proceeding is appropriate. For help or answers to estate-related questions, you can contact BaskinFleece at 727.572.4545.

 

This blog is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Because the law is continually changing, some provisions in this blog may be out of date. It is always best to consult an attorney about your legal rights and responsibilities in your particular case.

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