Guiding Individuals Through Florida Probate

There are three types of probate that you may be eligible for: distribution without administration, summary probate administration and formal probate administration. The most complex of the three is formal probate. You are required to have an attorney for all formal probate cases, and an executor will be in charge of overseeing the estate of the decedent.

Formal probate is required when the estate in question cannot be processed under the other two forms of probate. Essentially, if the estate is valued at more than $75,000 or the decedent has been dead for less than two years, then the estate will need to go through formal probate.

A will is the most important document in the probate process. The probate process is focused on the decedent’s last will and testament, ensuring that it is valid and that it will be properly implemented according to the terms contained within. Probate is much more difficult without a will because the estate will have to be distributed according to the rules of intestacy, a set of rules that the state has predetermined to decide how an estate can be distributed by default.

During the first part of the formal probate process, your attorney will prepare all of the filings for the court. One of those filings will include a petition to appoint a personal representative for the decedent’s will. This is normally the person designated in the decedent’s will; however, if the decedent died without a will, then the personal representative is determined by the rules of intestacy.

There is no exact timeline that formal probate will follow. In the best-case scenario, some simple probate matters can be resolved in as little as six months; however, there are also many instances in which the process can take longer than a year or even two years. It is entirely dependent on the factors involved in your probate case to know how long it might take.

Yes, there are a few strategies that can be used to avoid probate in Florida. However, these are highly dependent on taking active steps to plan ahead before the decedent passes away. You can seek help crafting an estate plan with methods to avoid probate, such as reducing the amount of the estate to under the probate threshold with a trust, changing your state or residency, carefully choosing heirs and beneficiaries and other means your attorney can provide. With careful preplanning, probate can be avoided.

In nearly all cases, an attorney can help you with probate by making it a much less complex process by taking on the responsibility of preparing the court filings, appearing in court and managing the process for you. Probate is a difficult process to handle on your own, and an attorney can help you by using their knowledge and experience to resolve issues and prevent delays in the process.