Reliable Probate Guidance To Reduce Your Stress
My name is Barbara J. Hartbrodt. Since 2016, I have served DeBary and the surrounding communities as a probate and estate administration attorney. I have seen firsthand the emotional strain that these processes can have on individuals and their loved ones. At Hartbrodt Law PLLC, I focus primarily on probate and estate law so that I can provide detail-oriented, thorough services to people just like you.
What Is The Florida Probate Process Like?
Probate is the process in which the court supervises the administration of a decedent’s estate. It transfers assets owned in the decedent’s name to his or her beneficiaries. During the probate proceeding, the court appoints a personal representative to handle the estate administration. Then, assets that are in the decedent’s name can be transferred to his or her beneficiaries. The probate process ensures that creditors, taxes and expenses are paid before beneficiaries receive assets of the estate. The personal representative is accountable to the court and the estate beneficiaries for his or her actions during the administration.
What Happens If Someone Dies Without A Will In Florida?
If a decedent dies with a will, it is called a testate administration, and the will must be admitted by the court for probate administration. If a decedent dies without having a will, it is called an intestate administration, and the administration of the estate will be governed by the intestacy laws of Florida.
What Is Summary Administration?
For probate estates having $75,000 or less in assets, not including exempt protected assets, Florida law provides a simplified probate procedure known as summary administration. Summary administration may also be used in estates where the decedent has been dead for over two years. This process is less costly and typically much faster than the formal probate administration. It does not require the appointment of a personal representative as required in a formal administration. Instead, the person handling the estate is called the petitioner. After gathering the assets and creditors of the estate, the court provides a final order authorizing the distribution of the remaining assets to the beneficiaries.
Furthermore, a summary administration does not have requirements such as formal accounting, publication of administration, and various other formalities, making it a much simpler and speedier process than a formal administration. You can consult me to discuss in more detail the statutory requirements and procedures needed for a successful probate administration, whether it be a summary or formal administration that is needed.
Disposition Without Administration: What To Know
Disposition without administration is not supervised by the court and only applies in limited circumstances. This is available only where the decedent’s assets consist solely of property classified as exempt from the claims of the decedent’s creditors by applicable law and where the total value of the decedent’s non-exempt personal property does not exceed the combined total of:
- The amount of preferred funeral expenses
- The amount of all reasonable and necessary medical and hospital expenses incurred in the last 60 days of the decedent’s final illness, if any.
Disposition without administration forms are typically available from the county clerk’s office and may be handled without an attorney, although an attorney can help you prepare these documents if desired.
Seek Assistance From A Florida Probate Attorney
You do not have to handle the complex probate process alone. I am here to help you with every step, simplifying your burden during this challenging time. To schedule an initial consultation, please call me at 386-690-1878 or send me an email.