What Is The Probate Process In Florida

If it’s your first time losing a loved one, you’re probably confused as to what steps you should take to receive the inheritance. 

According to law, transferring the property from a deceased person to living individuals who are entitled to it has to happen through probate.

Sounds simple enough, but there are a few things you should be aware of. Continue reading and learn everything about this legal process directly from one of the most established probate lawyers Florida.

What is Probate?

Probate or estate administration is a legal process that handles the transfer of assets from a deceased individual (decedent) to the rightful heirs.

In Florida, whenever a person passes away without a will, their possessions go to their family. If they left a will, the assets go to the beneficiaries assigned in the document. These possessions are referred to as “estate” and can include anything from real estate and vehicles to cash and other items the decedent owned at the time of their passing. 

Even if there is a valid will, probate is still required because the probate judge must first admit the will to probate by confirming its validity before transferring the property. 

There are two types of probate:

• Summary administration
• Formal administration

While the former is simpler and is most commonly used for small estates (those that contain less than $75k in assets), formal administration is reserved for estates too big for summary administration.

As soon as all the heirs and beneficiaries have been identified and all the interested parties (including eligible creditors) have been paid off, the judge can sign an order that allows the property to be transferred.

The person that has the power to administer the estate is called a personal representative, and are either named in the will or appointed by the court if the decedent passed away intestate. 

What Assets Are Subject to Probate?

Ask any probate attorney and this is the question they’ve most likely heard a thousand times. In simple terms, all assets owned by the decedent have to go through probate.

The only exception is property that has the right of survivorship or an already named beneficiary. For instance, property with a named beneficiary could include life insurance policies, retirement accounts, or any bank accounts that have a “pay on death” policy attached to them. 

On the other hand, a good example of right of survivorship assets would be a property with a deed that indicates a surviving co-owner will receive full ownership interest once the other party passes away. 

A similar rule applies to property purchased by spouses, which falls under tenacity by the entirety and indicates the title will transfer to the survivor once one of the spouses passes away. 

What About Decedents Who Own Property in Multiple States?

Due to its status as a popular vacation site, many residents of other states own a property in Florida. In addition, many Sunshine State residents come originally from other states in which they still own properties.

What Happens in These Cases?

For those who own properties in other states, the family will have to start multiple probates. The domiciliary probate must be started in the state where the deceased individual lived, while ancillary probate is called for in states where they didn’t reside but owned property.

These cases are tricky and will require coordination between probate lawyers Florida and probate lawyers in other states to ensure all the property is properly categorized and transferred to rightful heirs or beneficiaries. 

How Are Creditor Claims Handled in Probate Cases?

One of the most challenging aspects of probate is paying off creditor claims. Make sure to consult a probate attorney before paying anything, as not all claims are eligible. Plus, you and other family members shouldn’t pay any debts out of pocket. 

Depending on the type of probate the estate is going through, the process of covering creditor claims will be different. In summary administration, all debts must be paid from the non-exempt assets of the decedent. These include two vehicles, homestead property, and assets up to $1k in value. 

In a formal administration, it’s necessary first to file a notice to creditors in the local county paper. This gives any creditors 90 days to file a claim with the estate. All claims that weren’t filed within the allotted time frame are waived. 

It’s worth noting that the personal representative of the estate has the right to object to a claim if they believe it’s not valid. 

How Long Does Probate Take?

Many factors will determine the time it takes to close an estate. On average, a summary estate administration takes about eight weeks if everything goes smoothly - i.e. if no one contests the case.

Keep in mind that this can also take longer depending on the experience and skills of the probate lawyer, the parties involved, and even the court where the probate was filed. 

A formal estate administration can take a lot longer. In fact, it takes between four and six weeks to only appoint a personal representative. Generally speaking, an estate may remain open for almost a year. This time can also vary depending on the tasks that a personal representative must accomplish. A clear example is if the decedent’s passing resulted in a wrongful death case, which could realistically increase the length of the probate to multiple years. 

For both types of probate, timelines can be significantly enlarged if the beneficiaries are in disagreement about the administration of the estate. 

Ensure Everything Goes Smoothly With a Probate Attorney From the Law Offices of Mary E. King

Since most people are ill-equipped to handle the intricacies of the probate process, Florida probate lawyers are often a necessary part of the successful administration of the estate.

Make no mistake though, the experience and skill set of the probate attorney matter, and can make a difference between a smooth process where everyone is happy and one filled with delays and drama. 

To provide your family and yourself with peace of mind, choose the best Florida probate lawyers - Law Offices of Mary E. King. 

We have close to two decades of experience handling probate cases and know the process inside out, but we also bring in a dose of compassion which is hard to come by. With us handling the matters in your probate case, you can sleep sound knowing that your loved one’s wishes are respected and that everyone in your family ends up satisfied with the outcome. 

Schedule a consultation by filling out our contact form or dialing 941-906-7585 and we’ll get back to you as soon as possible. 

FAQs

1. How long does probate typically take in Florida?

Probate duration can vary widely but often takes several months to over a year, depending on the complexity of the estate and any legal challenges.

2. Do all estates in Florida require probate?

Not necessarily. Smaller estates may qualify for simplified procedures like summary administration, which expedites the process for qualifying estates.

3. Can I contest a will during probate in Florida?

Yes, interested parties can contest a will if they believe it is invalid or does not reflect the deceased's true intentions.

4. What happens if someone dies without a will in Florida?

In cases of intestacy (dying without a will), state laws dictate the distribution of assets among legal heirs, following a predefined order of succession.

5. Is hiring a probate attorney necessary in Florida?

While not mandatory, consulting with a probate attorney can simplify the process, ensure compliance with laws, and resolve potential disputes more effectively.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.