Guiding You Through The Probate Process
Probate is the court-supervised process used to identify a decedent’s assets, pay any necessary taxes, settle any creditor claims and distribute assets to beneficiaries. The process is complex, and can be time-consuming and frustrating. That is why it is important to have a skilled lawyer on your side to help guide you through the probate process.
At the law firm of Allender & Allender, our attorneys have the experience to guide you through the probate maze efficiently and compassionately. We can also use a number of estate planning tools that are designed to help avoid probate entirely, saving your loved ones the hassle of having to go through this process. To schedule a consultation, call our main office in Titusville at 321-529-2448.
Probate In Florida
In Florida, there are two types of probate administration. A formal administration typically takes eight months to one year to complete, though it can go on longer. A summary administration usually takes four to eight months to complete. There is also a non-administration proceeding for situations where the decedent’s assets total less than $1,500.
Personal Representatives
If the decedent had a will, the document should have named a personal representative who is responsible for administering the estate. The decision to accept the role of personal representative should not be taken lightly. In most cases, the law requires the personal representative to be represented by a Florida attorney, and the attorney for the personal representative may not be the same attorney who is representing the beneficiaries.
Frequently Asked Questions About Probate In Florida
Whether you want to protect your legacy or administer an estate, it is important to stay informed of your legal rights. Here are some questions you may have:
How long does probate take in Florida?
The time it takes to settle an estate through probate often depends on the complexity of the estate. For smaller estates that are less than $75,000 in value and with no debt, a summary probate administration may only take a minimum of four months. However, a summary probate is very rare.
The typical amount of time to settle an estate through a formal probate administration is eight months. The probate process can take longer depending on whether creditors reach out to settle unresolved financial matters if the estate is disputed and the size of the estate. Our attorneys can help you explore the best options to administer an estate.
Do all assets have to go through probate?
No. There are several ways to circumvent the probate process and distribute assets directly to beneficiaries.
- Designated beneficiaries: Assets that are named and designated to a beneficiary can be directly distributed without probate.
- Transfer on death: An account may have been set up to distribute assets directly to beneficiaries once the testator passes away.
- Joint assets: Property that is jointly owned by the deceased and someone else may be directly passed to the surviving owner.
- Exempt assets: Certain assets (clothing, furniture or house belonging gis) below a certain value are exempt from the probate process.
It may be important to review the estate and ensure assets are administered according to Florida probate laws.
Are probate records public in Florida?
In Florida, probate records may be obtained in person upon request. However, certain matters are not publicly obtainable, such as a testator’s cause of death, medical information and marital status. An attorney can help protect the privacy of the deceased.
Is there a way to avoid probate?
Yes. Probate can be avoided with a living trust, joint ownership and transfer-on-death accounts. Our attorneys can provide tools to avoid the probate process.
Contact Us For Help With Estate Administration
For help with probate or any other estate administration or estate planning matter, schedule a time to speak with us. Call 321-529-2448 or contact us online.