Navigating the legal proceedings after the passing of a family member or close friend is never an easy task, especially when it comes to handling their estate and assets. In the state of Florida, the probate process can be particularly complex, with multiple options and requirements to consider. As you grapple with the grief of your loss, the last thing you should have to worry about is probate law.
That’s why The Siegel Law Group, P.A. has put together this comprehensive guide covering the three main types of probate in Florida. By understanding the key differences between each, you can make well-informed decisions that honor your loved one’s final wishes while minimizing the administrative headaches for you and your family. Let’s dive right in.
What Is Probate?
At its core, probate is the legal process of administering and distributing a deceased individual’s estate. This includes identifying and cataloging all assets, paying outstanding debts and taxes, and ultimately transferring ownership to the rightful heirs.
In the state of Florida, probate is overseen by the local circuit court system. Navigating this process can be complex, which is why consulting an experienced Florida probate lawyer is often recommended to ensure compliance with state-specific laws and requirements.
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Can an estate be settled without probate in Florida?
In certain situations, it may be possible to avoid the full probate process in Florida. This can occur when the deceased individual’s estate is relatively small and has a clear, surviving heir, such as a spouse or adult child.
However, the specific requirements and qualifications for these types of simplified procedures can be quite complicated. Consulting an experienced Florida probate attorney can help you determine if your loved one’s estate may be eligible for an alternative to the standard probate administration.
The Three Types of Probate in Florida
Florida’s probate laws provide several options for administering a deceased individual’s estate, each with their own unique requirements and procedures. Understanding the key differences between the three primary types of probate in Florida can help you determine the most appropriate path forward for your loved one’s final affairs.
Let’s take a closer look at each of these probate options in more detail:
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1. Formal Estate Administration
Formal estate administration is often considered the most comprehensive, yet complex, option for probate in Florida. This process can be both time-consuming and potentially costly, typically taking several months or longer to complete.
To qualify for formal administration, the following criteria must be met:
- The deceased individual’s assets must exceed $75,000, not accounting for any exempt properties
- The probate process must be initiated within two years following the person’s passing
Assets subject to formal administration can include any non-homestead property (not necessarily in Florida). Many other assets, such as shared bank accounts, assets in a living trust, joint real estate, etc., don’t have to go through probate.
Given the nuances involved, consulting a Boca Raton probate attorney is highly recommended to ensure you understand which of your loved one’s assets qualify for formal estate administration and which can be handled through alternative means.
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2. Summary Estate Administration
For estates with relatively modest assets, Florida offers a quicker and more cost-effective probate option, known as summary administration. To qualify for this streamlined process, the following criteria must be met:
- The total value of the deceased’s assets, including any exempt property, is under $75,000
- The individual passed away more than two years prior to the probate filing
An interested party can file a petition with the court that outlines all the deceased’s assets and the proposed distribution plan for the beneficiaries. As long as the petition meets all necessary requirements and is approved by the court, asset distribution will begin shortly after.
3. Ancillary Estate Administration
In situations where an individual lived outside of Florida but owned property — such as a vacation home — within the state, an ancillary estate administration may be required. In these cases, the primary probate process will take place in the state where the deceased resided, while the ancillary administration will only include the assets located in Florida.
A Florida probate lawyer can typically handle the ancillary probate proceedings on behalf of the deceased’s beneficiaries, without the latter being physically present. This approach can help streamline the process and reduce the burden on the out-of-state parties involved.
Looking for a Boca Raton Probate Lawyer? With Over 100 Years of Combined Experience, The Siegel Law Group, P.A. Has Got You Covered
Have you been searching online for a “Boca Raton probate attorney?” The Siegel Law Group, P.A. in Boca Raton offers protection for your loved ones, peace of mind for you. With 100 years of combined experience, our team has helped countless South Florida clients navigate the complex process of probate. Call us at (561) 955-8515 or complete our online form to schedule a free consultation.
I also invite you to pick up a copy of my book, Caught in the Middle: Juggling Your Elderly Parents’ Affairs While Raising Your Own Family, for just 99 cents for information about Elder Care and Medicaid Planning.
Our law firm serves Boca Raton and South Florida. We are here for you and by your side 24/7.
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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
The Siegel Law Group, P.A.
2500 N Military Trail Suite 470
Boca Raton, FL 33431
(561) 955-8515
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