Navigating Florida Probate Proceedings
Probate is the court process for administering someone’s estate after their death. Navigating this process can be daunting. At Brown & Associates Law & Title, P.A., we can take that weight off your shoulders.
Our lawyers have decades of experience that we can put to use in effectively resolving your probate case. We are very familiar with the nuances of Florida probate law as well as the court procedures and requirements. When you work with our team, you can gain peace of mind knowing we will prioritize your concerns.
The Advantage Of Combined Legal And Title Services In Probate Cases
Real properties are often the most significant assets in probate cases. Real estate will typically will need to be re-titled once the court approves the transfer.
Because our firm also offers real estate title services, we can handle all aspects of this process so you don’t have to seek professional help elsewhere. Our goal is to provide you with more efficient, effective services in a one-stop shop.
Types Of Florida Probate
There are two types of probate proceedings in Florida: formal administration and summary administration. Estates that are valued under a certain threshold may be eligible for the faster, simplified summary process. Our lawyers can provide guidance on which type is appropriate in your case.
Formal Administration
Formal administration is used when the estate’s value exceeds $75,000 or when concerns, such as creditor claims or complex estate issues, arise. This process involves court supervision and is more time-consuming and costly.
To initiate formal administration, the court appoints an executor to manage the estate. The executor must publish a “notice to creditors” in a local newspaper to alert potential claimants.
The creditors have a limited time to file their claims against the estate. Finally, when all debts and taxes are paid, the remaining assets are distributed to the heirs according to the decedent’s will or Florida law.
During the administration process, the personal representative must also file an inventory of the estate’s assets with the court and provide periodic accountings detailing financial transactions. This level of transparency helps ensure the court can oversee the administration and protect the interests of heirs and creditors.
Summary Administration
Summary probate administration is suitable for estates with simple asset distribution or smaller. It is available when the estate’s value, excluding exempt property, does not exceed $75,000 or the decedent has been deceased for more than two years.
Summary administration does not require court supervision like formal administration, making it a faster and less expensive option. To start summary administration, a petition is filed with the probate court in the county where the decedent resided at the time of death.
The petition must include a sworn statement or affidavit detailing the estate’s assets, liabilities and any known creditors. If there are creditors, the statement must also include information about how the estate’s debts will be paid or contested.
If approved, the court issues an order to give the assets to the rightful heirs. Although summary administration offers a simplified and expedited probate process, it may not be suitable for estates with significant creditor claims or complex distribution issues.
What’s Involved In Probate?
Probate proceedings in Florida involve many administrative tasks, including:
- Inventorying the estate
- Preparing tax filings
- Valuing assets
- Satisfying creditors
- Identifying heirs
- Transferring title
All assets that aren’t eligible to be transferred through beneficiary designations or rights of survivorship will generally need to go through probate. Nonprobate assets include:
- Life insurance proceeds
- Payable-on-death accounts
- Real estate titled with rights of survivorship
- Assets held in a trust
Our lawyers can help you sort out which assets need to be included in probate.
Ancillary Proceedings For Florida Property
Many people own property in Florida but make their permanent residence somewhere else. In these situations, their primary probate case will be handled out-of-state. However, Florida probate will still be necessary for addressing their real property in Florida. It’s important to work with Florida attorneys on these cases.
Our firm handles these types of probate cases – called ancillary proceedings – for those with primary estates that are out of state. Our in-depth knowledge of Florida real estate law works to the significant advantage of our clients in these proceedings.
Discuss Your Probate Questions With Skilled Professionals During A Free Consultation
We would be happy to talk more with you about your probate questions and concerns. Please contact our offices in Tampa and St. Petersburg, at 813-576-3790 to learn more.