A Reliable Florida Probate Attorney 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, and I am here to help.
At Hartbrodt Law PLLC, I focus on probate and estate law so that I can provide detail-oriented, thorough services to people just like you. I can help with the legal aspects of probate and estate administration – or I can handle the entire process for you.
What Is The Florida Probate Process Like?
Probate, also known as estate administration, is the process in which the Florida courts oversee the distribution of a deceased person’s assets, the repayment of their creditors, and the distribution of their remaining assets to their beneficiaries.
In probate, the court oversees the process of making sure that creditors receive payment, taxes are filed appropriately and beneficiaries receive their assets.
During the probate proceeding, the court appoints someone to serve as the personal representative, or executor, to handle the estate administration tasks. The state of Florida requires every personal representative to have their own attorney.
What Happens If Someone Dies Without A Will In Florida?
If a decedent dies with a will or an estate plan, 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 Are Formal Administration And Summary Administration?
Formal administration refers to the probate process that applies to estates worth $75,000 or more in Florida. However, the state also offers a simplified process called summary administration. This applies to estates worth up to $75,000.
Summary administration may also be used in estates where the decedent has been dead for over two years. Summary administration 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 a term that refers to a simpler court process that transfers exempt assets to beneficiaries. It is available only if the decedent’s assets consist of property that is exempt from creditors’ claims. In addition, the decedent’s nonexempt personal property must not exceed the combined total of:
- The preferred funeral expenses
- The amount of medical and hospital expenses incurred in the last 60 days of the decedent’s final illness
Disposition without administration forms is 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.
How Does An Attorney Help With Probate?
As a probate lawyer, I help personal representatives with every task required during estate administration. Some of these tasks include:
- Validating the will
- Notifying creditors
- Paying outstanding debts
- Filing final taxes
- Contacting beneficiaries
- Identifying exempt property, such as homesteads
- Distributing assets
Without counsel, you stand to make expensive mistakes that could anger the court or beneficiaries. That is why I work with you step by step so that you understand exactly what to do.
How Long Does Probate Take In Florida? How Much Does It Cost?
The length of probate depends entirely on the complexity of the estate and the schedule of the courts. Probate courts handle thousands of cases, which can result in a lot of waiting. Broadly speaking, summary administration tends to take about three months to finalize. Formal administration usually takes six to 12 months for straightforward estates. Complex estates may take more than one year to go through probate.
Similarly, the cost of administering an estate can fluctuate widely. I understand the stress that legal bills can add to an already difficult time. I offer transparent fees and am committed to cost-efficiency for every client. You can rely on me to make the probate process as smooth, fast and inexpensive as I can.
Seek Assistance From An Experienced Florida Probate Lawyer
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 386-888-8478 or send me an email.