Probate is a process where the court supervises the gathering of a decedent’s assets, pays the debts belonging to the decedent, and handles the distribution of assets to his or her beneficiaries.

In Florida there are three ways to settle a probate issue:

  • Disposition of Personal Property Without Administration
  • Summary Administration
  • Formal Probate
Disposition of Personal Property Without Administration

Probate proceedings are not necessary when final expenses turn out to be greater than the value of the property.  Such final expenses include funeral expenses and what the legal system deems as reasonable medical expenses incurred in the final (60) days of the person’s life. In such cases, property is not required to go through the probate process. To know if probate is required or not following the passing of a loved one, it is best to contact a probate or estate planning lawyer.

Summary Administration

In Florida, summary administration exclusively deals with smaller estates (those with less than $75,00 in total value of the estate) or when the decedent passed away more than two years ago. Summary administration can be used for either estates with a will (testate) or those that don’t possess a will (intestate) and usually is concluded within 3 weeks. If you are faced with the court’s selection of a summary administration, then you should find an experienced attorney to consult with you about your rights and the best way to respond.

Formal Probate

This process deals with how the court will handle the administration and distribution of the estate after death and can take several months to conclude. Any beneficiary of the estate should consult an attorney to properly understand the court’s approach to probate situations.  There is a lot to explain in covering the probate court’s handling of estates and a qualified attorney can help you understand how probate works in Florida.

Myrthil’s Law, P.A. knows the probate system well and frequently aids probate clients in the Administration and Litigation of Probate and Trust cases.  Our experienced attorney advises what to expect and helps you handle the probate procedures.

By helping families administer Probate and Trust issues, families can mourn and grieve in their own time—not distracted by having to worry about court filings or paperwork. In cases where the Will is not explicit, excludes a beneficiary or asset(s), or there is other concern for the validity of the Will, Trust, or other probate legal documentation, we can help families or individuals within a family to sort out the legal concerns while reducing the risk of drama often created among family members during a probate dispute.

Learn More About Probate & Trust Administration
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