Some of the Basics You Need to Know About Florida Probate?
What is an Administration? This is the court process of distributing a decedent’s assets to their heirs after they pass away.
What is the County Clerk of Court? Most probate hearings are done through the County Clerk of Court in the County where the decedent resided when he died.
What is a Decedent? The person who passed away.
What is Intestate? If someone passes away without having a valid will, the State of Florida has a law that states the order of priority on the heirs that are going to receive the decedent’s property.
What is Probate Court? This is the court that handles probate matters even though most hearings are done at the County Clerk of Court.
Who is the Personal Representative? This is the person who is appointed to oversee the distribution of assets from a deceased person’s estate.
Who is the Beneficiary? A person(s) who is named in a will that is going to receive a certain amount of someone’s assets after this person passes away.
Who is the Executor? A person who is name in a will or appointed by the court to take care of a deceased individual’s financial obligations.
What is a Notice of Administration? Its the official notice given to the beneficiaries and other interested parties by the personal representative. This notice is required and provides specific details about the probate proceedings.
What is Probate Litigation? It is a legal dispute during the probate process. Some of the most common types of probate disputes include: challenges to wills/trusts, legal disputes over guardianship, etc.
What are the three Probate Processes in Florida?
There are three main types of probate: formal administration, summary administration, and disposition without administration.
What is Formal Administration? It’s known as the formal probate. This type of proceeding is the most common form of probate. This probate administration takes place in the local Circuit Court of the County in which the decedent resided when he passed away. The process starts once an individual passes away and the executor of the will (or other interested party) asks to be appointed as personal representative of the decedent’s estate. Notice is then given to the beneficiaries named in the Will (What are the different types of Wills in Florida?) so that they are given a chance to raise any formal objection(s).
What is Summary Administration? This type of proceeding available when the total value of assets going through probate court is valued at $75,000 or less. Summary Administration can also be used when it involves a death that occurred over two years ago. The process of this type of administration is initiated by filing a Petition for Summary Administration that must be signed by a surviving spouse and/or beneficiaries. This is an expedited version of probate.
What is Disposition Without Administration? This type of proceeding actually involves skipping the probate hearing entirely due to a specific set of circumstances. This is only available when the deceased individual did not leave any real estate at all, and the only assets available for probate are valued at less than the amount of final expenses after probate. In other words, disposition without administration occurs when a probate hearing is not feasible from a monetary perspective.
