Florida Probate
South Florida Legal Doc Prep Services d/b/a Florida Probate and Estate Planning provides virtual services to self-represented pro se individuals and probate and estate planning law firms and attorneys throughout the State of Florida or having business in Florida. We offer both Florida Virtual Probate Paralegal Services to Attorneys and law firms Nationwide and Probate Legal Document Preparation Services/Florida Probate Forms to Prose Individuals throughout the State of Florida. For more information on our Florida Estate Planning Trust and Will services, check out this link.
If you are a licensed bar attorney outside the State of Florida having clients who either own assets in the State of Florida or are a beneficiary of a loved one owning assets in Florida, we can help you with a Florida Ancillary Probate Administration.
If you are a self-represented individual who is a non-resident of Florida needing to probate a deceased loved one’s assets in Florida, we can help you as well.
All work is provided virtually from the comfort of your own home or office. You never need to go anywhere. All our work is done electronically via phone and email.
What is Probate?
Florida Probate is necessary to transfer ownership of the decedent’s probate assets to the decedent’s beneficiaries. If you are having probate issues or are not sure how to obtain an Order of Summary Administration in Florida, you should know how probate works. You must file a petition for administration forms as part of the probate process.
The probate process involves the court supervising the procedure for the gathering of the decedent’s assets to pay the decedent’s debts and distribute the decedent’s assets to its beneficiaries.
Under Florida Statutes 731 through 735, there are rules which need to be followed about probate procedures to carry this out. Two types of probate administrations fall under Florida probate law. 1) Summary Administration or small estate affidavits including Ancillary Summary Administration; and 2) Formal Administration which is generally used for larger estates.
Petition for Summary Administration
A Petition for Summary Administration is the process of probate application forms used when the person has been dead for over two years and all creditors of the deceased are barred, or the value of the decedent’s non-exempt assets subject to probate is $75,000 or less. Probate can mean whether the decedent died with a will or not. If the decedent died without a will this is considered to be Intestate. If the decedent died with a will this is considered to be Testate.
Florida law states it is not a requirement that you obtain the services of a Florida Bar probate attorney; but that you can represent yourself pro se and obtain the assistance of a Florida Probate Legal Document Preparer. Generally, you will want to obtain the services of someone who has lots of experience in Florida Probate and has worked as a probate paralegal for attorneys for many years. You can represent yourself in a summary administration and get your own Florida probate forms online; however, those so-called “do it yourself” legal forms websites generally do not speak to you or answer your questions or assist you through the entire probate process on your case.
Ancillary Administration
Ancillary Administration is the probate process used when a nonresident dies with real property located in Florida, to transfer ownership of the Florida real property. This can also apply to personal property owned in Florida as well. Under Florida Statute 734.1025, the Ancillary Summary Administration Petition can be used when the decedent has been dead for 2 years or more and assets are less than $50,000
Our legal document services include the preparation of various probate forms:
- Summary Administration Petition – Testate
- Summary Administration Petition – Intestate
- Ancillary Summary Administration Petition – Testate
- Ancillary Summary Administration Petition – Intestate
- Petition to Determine Homestead Status of Real Property
- Petition for Ancillary Summary Administration
- Proposed Order of Summary Administration
- Proposed Order Determining Homestead Status of Real Property
- Joinder, Waiver, and Consent
- Affidavit of Heirs
- Affidavit Concerning Criminal History
- Notice to Creditors
- Formal Notice
- Proposed Order Admitting Will to Probate
- Oath of Witness
- Miscellaneous Forms Required by Local Courts
**We cannot represent you in court or give you legal advice. In 99% of the cases, the court will enter your order and will never require a hearing so you will never need to go anywhere!
Formal Administration
A formal administration is generally the process that is used for larger estates over $75,000 and the decedent has passed less than two years. The Florida law requires that you obtain the service of a Florida Bar probate attorney to assist in the probate process for a Florida Formal Administration. There are other reasons why one may wish to hire a probate attorney and file a petition for formal administration even when it qualifies for a summary administration. In a formal estate administration, a personal representative is appointed by the Court.
Our legal document services include the preparation of various Florida probate forms:
- Petition for Administration
- Petition for Order Designating Depository for Assets
- Oath of Personal Representative
- Affidavit of Heirs
- Affidavit Concerning Criminal History
- Waivers and Consents of Beneficiaries
- Notice of Trust
- Proposed Letters of Administration
- Proposed Order Appointing Personal Representative
- Proposed Order Designating Depository for Assets
Disposition of Personal Property Without Administration
Disposition of Personal Property Without Administration is an administrative proceeding that is not court-supervised. This type of administration only applies in limited circumstances which generally involves the filing of one form in which the court will enter an order. To qualify for an Order of Disposition Without Administration, please refer to Florida Statute 735.301.
This process cannot be utilized to transfer real property as that would fall under a summary administration. The person who is seeking the transfer of assets must be the one who paid the decedent’s final expenses and/or final medical bills or be able to provide consent. If the funeral expenses were pre-paid by insurance or medical bills, this would not qualify.
The court will require proof of any payments made.
Assets that are exempt include:
- $20,000 of household furniture, furnishings, and appliances
- Two motor vehicles used as the decedent’s motor vehicles
- Any qualifying tuition programs under Section 529 of the Internal Revenue Code
Our legal document services include the preparation of various probate forms:
- Disposition of Personal Property Without Administration
- Disposition of Personal Property Without Administration Waiver & Consent by Interested Party
- Proposed Order for Disposition of Personal Property Without Administration
Need help with Probate in Florida?
If you decide to file your Florida Summary Administration or Florida Ancillary Summary Administration case on your own, contact South Florida Legal Doc Prep Services d/b/a Florida Probate and Estate Planning for your Florida Probate matter today. If you feel you need legal advice, contact a Florida probate attorney. Once you have obtained some legal advice and you feel comfortable representing yourself, go ahead and contact us by phone or through our contact form on our website for more information. We are happy to answer any questions you may have and get started on your Florida probate forms right away.
How we stand out from the rest
South Florida Legal Doc Prep Services d/b/a Florida Probate and Estate Planning are backed with over 25 years of paralegal experience. We have provided probate and estate planning services to thousands of individuals throughout the country and to many attorneys doing business in Florida.
Our customers have impeccable things to say about us and we go above and beyond for our clients. We offer personalized, fast, and affordable nonlawyer services and will assist you in filing your documents with the probate court.
Rates
Our rates are very competitive and generally on a low-cost flat-fee basis for pro se individuals who are self-represented as well as for attorneys.
Are you a probate or trust attorney needing our assistance? We can provide a quote at an hourly rate or a fixed rate depending on how many hours you need, etc.
This blog does not constitute legal advice and does not establish an attorney-client relationship.
If you need legal advice, please contact a lawyer directly.
