The Probate Attorney’s Guide To Different Types Of Florida Probate

If you want to ensure that your or your loved one’s assets are distributed in an appropriate and efficient manner, it pays to hire a Jurado & Farshchian Probate Attorney who understands every facet of Florida probate law. While probate described a court-supervised process of distributing and winding down the asset of an estate, the procedures and requirements involved will vary based on the nature of the estate.

The following list represents the different kinds of Florida probate, with which we have the expertise and experience to assist.

Formal Administration – This is the most common form of probate and applies to circumstances where the decedent has been dead for less than two years and the value of the estate’s assets – not including the decedent’s home – are over $75,000. Formal Administration includes two subcategories depending on whether or not there is a will:

• Testate Formal Administration – With this type of probate, the personal representative named in the will is appointed by the probate court to oversee and administer the estate as specified in the will. Unless federal estate taxes must be paid or there are disputes amongst the heirs, Testate Formal Administration usually takes between six months to a year to close.
• Intestate Formal Administration – In the event that there is will (no valid will) left by the decedent, the estate will be handled in accordance with Florida law, which sets in place how the assets will be administered and distributed. The probate court will appoint a personal representative and the estate will be allotted to the decedent’s heirs based on an order of succession beginning with the legal spouse, then the children, and so on.

Summary Administration – This is by far the quickest and least costly form of probate, and it applies to estates in which the assets are valued at less than $75,000 (excluding the decedent’s primary residence) or estates where the decedent passed away less than two years prior, regardless of whether or not there is a will. Instead of appointing a personal representative, the court releases assets directly to the heirs as determined by either a will or Florida probate law. Summary Administration can take two to three months to complete, or possibly longer depending on the circumstances of a particular estate.

Ancillary Administration – People all over the country own real estate in Florida, and if they pass away as nonresidents of the state, the Florida assets they leave behind may be subject to Ancillary probate proceedings. In most respects, the rules and procedures are the same as any other form of administration: the key distinction is that the personal representative must file Ancillary Letters that 1) prove they are qualified to act as a representative in Florida and 2) provide evidence of the decedent’s death in a jurisdiction outside of Florida.

No matter what form of probate will apply to an estate, the personal representative will need legal assistance to determine what documents to file and which steps to take to distribute and wind down the assets of the estate. A Jurado & Farshchian Probate Attorney can guide you through every step of the probate process, and can even advise on how to avoid probate altogether. To explore the available options for a probate estate, or to enlist our assistance in helping you get through an existing probate proceeding, contact Jurado & Farshchian at 305-921-0440 or email [email protected].

Read more at The Probate Attorney’s Guide To Different Types Of Florida Probate