The loss of a loved one is often coupled with a maze of things that have to be done in fairly short order. A skilled probate attorney can help you navigate the complexity and make the process of estate administration as straightforward for you as possible.
Probating an estate is the legal process through which a deceased person’s assets are distributed and debts are settled. The process involves validating the decedent’s will (if one exists) and overseeing the transfer of assets to the heirs or beneficiaries. In Florida, the probate process can vary depending on the complexity of the estate, whether there is a valid will, and whether the estate qualifies for simpler procedures.
Types of Probate in Florida
Florida has several ways to probate an estate, depending on its size and complexity:
Formal Administration (Also called “Full Administration”)
- This is the standard probate process, also known as “full administration.”
- It requires more court oversight and typically takes longer to complete.
Summary Administration (Governed by Chapter 735 of Florida Statutes)
- For estates valued at $75,000 or less (excluding homestead property) and when the decedent has been dead for more than 2 years, the estate may qualify for Summary Administration.
- This process is simpler, faster, and doesn’t require a lengthy court proceeding, but fewer estates qualify
Disposition of Personal Property without Administration (Ch. 735 Florida Statutes)
- If the decedent’s estate consists only of personal property (such as a car or small bank account) and is less than the amount of the decedent’s outstanding debts, the heirs can file for a simpler process called “Disposition of Personal Property without Administration.” This avoids formal probate entirely.
Timeline of Estate Administration in Florida
Probate in Florida typically takes 8 months to a year, but it can take longer if there are complications such as disputes, real estate to be sold, or other complex issues. The timeline may vary depending on the estate’s size and complexity, the efficiency of the personal representative, and whether the estate is contested.
Cost of Probate in Florida
Probate can be costly, with fees including court costs, attorney fees, personal representative fees, and other administrative costs. Florida law allows personal representatives to charge a percentage of the estate’s value for their services (typically 3% for estates up to $1 million).
Conclusion
Probating an estate in Florida can be a detailed and sometimes lengthy process, but understanding the steps and requirements can help ensure the estate is administered properly. If you’re involved in a probate matter in Florida, it’s a good idea to consult with a probate attorney to navigate the process efficiently and ensure that all legal requirements are met. Attorney JC Elgin helps families in Fort Myers, Lee County, and all of Southwest Florida with estate administration issues.
