Probate A Florida Will Without Leaving Your Home

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Probate is the court’s supervision of the distribution of a deceased person’s assets based on a Will, or on Florida law if a person died without a Will. For wealthy people with large amounts of assets, this can be a long drawn out process that requires an attorney, but many small estates qualify for a summary administration process that you can handle yourself without a lawyer. The papers can be prepared by an experienced legal document preparation service, and even assist with e-filing with the appropriate court, all without leaving the house!

South Florida Legal Doc Prep Can Help Do Everything Remotely

The last thing you want to do right now is go to an office building or courthouse. That’s why South Florida Legal Doc Prep is here to help you through the Florida Summary Administration process in a safe and convenient way. You can simply upload the information to us, we will type it into the proper forms and then return it to you to review. Once you accept the finished product, we can help you e-file it with the court.

What Estates Qualify for Florida Summary Administration?

There are two ways that an estate may qualify for Florida Summary Administration. The first way is when the value of the estate does not exceed $75,000, excluding the value of the decedent’s “homestead.” For example, if somebody dies with a home worth $800,000 and has $69,000 in the bank, they are eligible for Florida Summary Administration. The other way an estate can qualify for Florida Summary Administration is if the person has been deceased for more than two years and there has been no prior probate proceeding. This second prong applies regardless of the value of the estate.

Florida Petition to Determine Homestead Status

An important part of qualifying for Florida Summary Administration is the Petition to Determine Homestead Status. This can be done either before or at the same time that the Petition for Summary Administration is filed. The Order Determining Homestead is necessary for the estate to qualify for Florida Summary Administration, and is also required for the heirs to have a clear title on the property.

How Are Debts Handled With Florida Summary Administration?

When Florida Summary Administration is used to probate an estate more than two years after the person died, creditors are barred from making new claims. For a recent estate that qualifies based on monetary value, the family member submitting the estate for Florida Summary Administration must make a “good faith effort” to locate creditors. If creditors are located, they must be provided with a copy of the petition for Florida Summary Administration and the debts must be paid from the estate before money is distributed to beneficiaries.

 

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.

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