Probate in Florida
It’s never comforting to deal with the passing of a relative or life partner. The issue of how to deal with your loved one’s estate can only add to the stress. At the time when an individual passes on, they don’t frequently leave their issues in the proper condition. There is a will now and again, however, there may be issues with it. There are times when there isn’t any will whatsoever. Assuming that there are significant resources included and you are a potential successor, you might require help with filling out the proper Florida probate forms with the assistance of a Florida Probate Legal Document Preparer and may not be familiar with the Florida probate and estate administration procedures.
When is it Necessary for you to Probate an Estate?
If your loved one designated a recipient to inherit their assets and expressed their wishes in a will and actually passed on with resources exclusively in their name, the assets would need to go through probate. This is the lawful court system by which a will is approved. This might seem like an arduous and lengthy process, especially if you have no real legal experience.
The court-managed course of settling a decedent’s monetary issues is known as probate administration. Probate administration isn’t needed all the time. Many decedents don’t need to have their assets probated; however, if the decedent had no resources in his name at the time of his demise, this would be a determining factor as to why probate isn’t required. Probate may not be essential assuming that a decedent’s land, banking, and different resources are possessed together with someone else. It all depends on how the assets are titled, etc.
Who Owns the Assets of the Decedent?
The answer is actually quite simple. The estate is essentially in the hands of the probate court. It is the responsibility of the petitioner in a small estate probate matter to ascertain and gather all the information with respect to the decedent’s family members, banks, and different assets. The petitioner will need to provide all such information to the Court and all designated beneficiaries of the estate.
Imagine a scenario where the Decedent had monetary commitments. Recognizing the decedent’s lenders and intending to settle the decedent’s obligations is a piece of the Florida probate administration process.
Lenders should ordinarily be paid before any beneficiaries get their inheritance, as indicated by Florida probate law and Florida Rules of Procedure. There are, notwithstanding, deviations to these essential rules for specific classifications of resources (like estate, vehicles, and other excluded property).
Types of Probate Administration in Florida:
There are different kinds of Florida probate processes, every one of which depends on the details of the situation. The only type of probate that requires a Florida attorney is a Formal Administration. Otherwise, you can represent yourself and utilize the services of a Florida Nonlawyer who is knowledgeable in probate matters.
The various types of probate in Florida include:
Disposition Without Administration – A judicial process for managing an individual who has died and whose resources do not require the need for administration is called a disposition without organization. This process is seldom used since it is rarely applicable to specific conditions.
A short and simpler version of probate is considered a Florida Summary Administration. It applies to those scenarios when the deceased has been dead for more than two years and/or the entire worth of the decedent’s property is less than $75,000.00. This does not include exempt assets such as homestead real property, etc. This type of probate is more common and, in many instances, is handled by a Florida Legal Document Preparer who assists pro se or self-represented individuals doing it alone without the need for legal counsel.
A Florida Ancillary Administration is the type of probate process wherein the decedent was not a resident of Florida; however, had assets in Florida that need to be probated, usually real estate. In order to qualify for Ancillary Administration, the assets cannot go over $75,000.00, and/or the decedent has been dead for more than two years. This type of probate is also very common and many beneficiaries and/or heirs tend to obtain the services of a Florida Probate Document Specialist. This allows them to save on legal fees and do this with peace of mind and all electronically without the need to leave their home.
The most expensive type of Florida probate is the Formal Administration which is generally utilized for large estates. Pursuant to the State of Florida, this is the only type of probate that requires you to obtain the services of a Florida Bar attorney to represent you. As such, South Florida Legal Doc Prep Services does not offer these services if you need a formal administration.
Once you have determined the type of probate administration you need in Florida and have already obtained any legal advice you may need, please contact South Florida Legal Doc Prep Services today. We can get started immediately on your summary administration forms and even assist you in efiling the documents with any county court in Florida. Call us today at (954) 532-5476. We offer low-cost flat fees and have an extremely fast turn-around-time. Don’t wait.
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.