What is Probate?

Probate is the legal process to distribute personal property and real property of the Deceased Person and to pay Creditors’ claims against the estate. Probate is required whether the person has a Will or not.


There are 3 different types of Probates that are available in Florida: 

Formal Administration

Formal Administration is used when there are extensive assets. A Formal Administration must be filed by an Attorney in Florida, unless the Personal Representative is the sole beneficiary. 

Summary Administration

Summary Administration may be used when the value of the entire estate does not exceed Seventy-Five Thousand Dollars ($75,000.00), or when the Decedent has been deceased for more than Two (2) years. 

Distribution without Administration

This type of Probate is used when the Assets do not exceed Six Thousand Dollars ($6,000.00) and there is no Real Estate property. Disposition of Personal Property without Administration is filed to request release of the Decedent's assets to the person who paid for final expenses.  

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