Probate is the process for winding up the financial affairs of a person who is deceased. The process begins with making a detailed list of everything owned by the deceased and all of the deceased’s debts. Once arrangements have been made for the debts, the remaining assets are distributed to the beneficiaries as named in the will or as provided by law if there is no will. Not all of a person’s assets pass through probate. Some assets pass “outside” of probate directly to the beneficiaries named by the deceased. As you can see, probate can be complicated and confusing. You should know that there are several levels of probate in Florida. Your probate attorney will help you decide which is right for you.
Summary Administration is a quick and easy way to probate a small estate with limited assets and few or no creditors. Estates valued at $75,000 or less generally qualify for summary administration. Your probate lawyer will determine whether your case qualifies for summary administration.
Formal Administration is required for larger estates and estates with significant numbers of creditors or other complex situations. A personal representative, usually a spouse or another relative of the deceased, is appointed by the probate judge to administer the estate to completion.
Having an experienced attorney who has “been there and done that” is important when you have to deal with complex probate and estate planning issues.
Probate and Estate Planning can be confusing. Find the answers to common questions about estates in Frequently Asked Questions (FAQ).
This site is a service of the law offices of
Byrd & Barnhill, P.L.
206 N. Collins Street
Plant City FL 33563