Probate Attorney The Villages: Asset Distribution

Guiding You Through The Probate Process

Probate is something nearly everyone has heard about but few understand. For those who have gone through probate, many will say it was an experience they hope to never repeat. Unfortunately, families and loved ones cannot always avoid the probate process.

Florida’s probate system is complex. You will need an attorney who has years of experience in probate as well as the skills and knowledge to navigate the Florida courts and complete the process in a timely and cost-effective manner. At Marshall Law, we have a team focused on this area of the law, meaning that you will have a lawyer and a dedicated probate paralegal with extensive experience and knowledge by your side to help streamline the process. Call Marshall Law Now!

Explaining The Probate Process

Probate is the judicial process of transferring the assets of a deceased person (“decedent”) to their heirs or beneficiaries (“heirs” are those who inherit if the decedent did not have a Will, whereas “beneficiaries” are those who inherit because they were named in the decedent’s Will). Probate cases must be filed in the circuit court corresponding to the county of the decedent’s residence, or if they did not have a residence, then the county in which the decedent’s property is located. It is important to note that if a decedent dies without a will, the Florida Probate Code (state law) will determine who the decedent’s heirs are and thus who will receive the decedent’s assets.

During the probate process, the court will determine if the decedent’s Will is valid (if they have one) and oversee the reporting and distribution of the decedent’s estate. The probate process also includes identifying and possibly paying creditors the decedent owed money to at the time they died. The process is governed by Florida Probate Rules, which outline the necessary steps for proper estate administration.

The Different Types Of Probate In Florida

The amount of time required to complete probate depends largely on the type of probate case required, whereas the type of probate case required will depend on the specific circumstances of the decedent’s estate. In Florida, there are multiple kinds of probate cases available that vary depending on the circumstances at hand.

The types of probate administration include:

• Distribution without administration: This process reimburses the party who paid the decedent’s final medical bills or funeral expenses. However, heirs or beneficiaries can only use this process if the decedent does not have any real estate, the total assets subject to probate are equal to or less than $10,000, the total of all medical bills and funeral expenses are less than the decedent’s assets, and all personal property is exempt from creditors’ claims.  This is the rarest form of probate in Florida. 
• Summary probate: If someone has been deceased for over two years or the assets of the estate are less than $75,000 (excluding the homestead property), then Summary Probate can be used. The process for Summary Probate can take anywhere from 3 – 6 months. The one drawback to Summary Probate is that all assets, including bank account values and account numbers, must be identified; if not all asset information is known, then Summary Probate cannot be used. Summary: Probate does not involve the appointment of a personal representative.
• Formal probate: If we cannot use “Distribution without Administration” or “Summary Probate”, then Formal Probate is required. In Formal Probate a personal representative is appointed by the court, after which the personal representative and their attorney collect information on assets, notify heirs (or beneficiaries) that a probate estate is open, identify and notify creditors, collect and report on asset values, and eventually distribute assets after paying valid creditor claims. Formal Probate averages 9 – 12 months to complete, although some estates can take longer due to issues unique to that case.
• Ancillary probate: Ancillary Probate is used when a nonresident of Florida dies owning assets in Florida (e.g., a vacation home or rental property). Ancillary Probate can take the form of either Summary Probate or Formal Probate (e.g., Ancillary Summary Probate), but requires filing with the Florida court legal pleadings issued by a court in the decedent’s home state.

In all cases, the probate court plays a crucial role in overseeing the administration of the estate and ensuring compliance with legal requirements.

At Marshall Law, we can help you determine what form of probate is required and guide you through the probate process. Nonetheless, if you are concerned about probate and want your family to avoid it, then we should meet to discuss the estate planning options available to you; see the Estate Planning section of this website.

Probate Process and Litigation

Navigating the probate process in Florida can be a daunting task, given its complexity and the numerous parties involved. The process requires strict adherence to Florida probate laws and regulations, which can be intricate and time-consuming. Probate litigation often arises when disputes occur over the distribution of a loved one’s assets, the validity of a will, or the handling of an estate. These disputes can add significant stress and delay to an already challenging time.

In such cases, it is crucial to seek the guidance of a qualified probate attorney who is well-versed in Florida’s probate laws. A knowledgeable attorney can help resolve conflicts efficiently, ensuring that the decedent’s wishes are honored and that the estate is administered correctly. Whether you are dealing with disputes among beneficiaries or issues with the estate’s personal representative, having experienced legal support can make a significant difference.

At Marshall Law, we understand the emotional and legal complexities involved in probate litigation. Our goal is to provide you with the expertise and support needed to navigate these challenges, protecting your interests and helping you achieve a fair resolution.

Frequently Asked Questions About Florida Probate

My clients often have many similar concerns and questions. Here are some of the questions I hear most often: