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. Probate can be avoided by creating an effective Estate Plan while you are alive.
Florida has three types of probate:
- Formal Administration - Formal administration is used when there are extensive assets. The process for Formal Probate is time consuming, often lasting an average of 9 months to 1 1/2 years.
- Summary Administration - Summary Administration may be used when the value of the entire estate does not exceed $75,000.00, or when the Decedent has been deceased for more than two years. If there are Creditors who have an interest in the Estate, there is a possibility that a Formal Administration must be done instead of a Summary Administration. The Attorney can assist in determining if Summary Administration can still be utilized. The process for Summary Administration is less time consuming, but can often last an average of 9 months to 1 1/2 years.
- Distribution without Administration - This type of probate is used when the assets do not exceed $6,000.00 and there is no real estate involved. Disposition of Personal Property without Administration is filed to request release of the Decedent's assets to the person who paid for the final expenses.
If there is a dispute, then Probate Litigation may be needed.
Call today to schedule your consultation with Attorney Andrew to determine if a probate is required for your particular situation.