How to Probate a Will in Florida

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Probating a Will in Florida

Probating a will in Florida involves an evaluation of the deceased person’s estate. Depending on the size of the state, as well as various other factors, the probate process can run differently. For standard cases, the estate will go through the “formal probate” process (i.e., the regular process). This involves standard fees, the identifying of an executor (usually named in the will), and a general oversight of the property distribution.

For other types of estates, different probate processes may be followed. These alternate filing methods include “Disposition without Administration” and “Summary Administration.” Regardless of the size of the estate, a person who is holding the will of a deceased person must initiate probate within 10 days of learning of the person’s death.

What Is Disposition without Administration?

Under Florida state probate laws, an estate that is very small can be administered by filing the form entitled “Disposition without Administration.” This signifies that the deceased party did not leave behind any significant real estate, and their remaining property is exempt from the claims of creditors.

This type of filing allows reimbursements for the party that paid for the deceased person’s funeral expenses (and sometimes, expenses associated with their final illness). These costs are reimbursed from the deceased person’s estate. This is also known as a “No Probate” filing.

What Is Summary Administration?

Summary administration is basically a type of probate shortcut that can be used under certain circumstances. Here, the court does not really appoint an executor or an administrator. Instead, the court will issue an order that releases property to the appropriate beneficiaries.

This is available only if: the person’s death occurred longer than two years before filing, or the overall value of the probate estate is below $75,000 (this figure does not include assets that would not normally pass through probate in the first place).

Do I Need a Lawyer for Help with Will or Probate Laws in Florida?

Florida probate laws can often be tricky, especially when it comes to the evaluation or calculation of the estate values. You may need to hire an estate lawyer if you need assistance with any matters involving wills, estates, or probates. Your attorney can provide you with advice and guidance for your issues. Also, if there are any conflicts over assets or property, your attorney can provide you with assistance with those as well.

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Last Modified: 08-21-2014 11:03 PM PDT

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