| In almost all cases, Florida probate law requires | | | | representative of the will to ensure they have |
| that a Florida probate attorney to be involved in | | | | completed all the necessary tasks and have |
| the administering of the estate. There are very | | | | preserved the estate. A personal representative |
| few exceptions to this probate law so it's in your | | | | is the executor to the will. This can be a bank or |
| best interest to hire an attorney when you have | | | | trust company but is usually a person. Some of |
| to go through probate in Florida. But how do you | | | | the tasks that are part of the probate process in |
| know when to hire a probate attorney? | | | | Florida: |
| What is Florida Probate? | | | | 1. Give Probate notice to creditors to allow them |
| Probate is the process of establishing the | | | | to make a claim for payment from the estate. |
| deceased's loans, assets, debts, taxes, claims and | | | | 2. Assess each claim and pay it, negotiate a lower |
| expenses. Then, after paying creditors, distributing | | | | payment or object the claim. |
| the remaining assets to the beneficiaries. In | | | | 3. Gather all the assets of the estate. |
| accordance with Florida probate law, this process | | | | 4. Preserve the assets of the estate until it is |
| is court supervised and can either be Formal | | | | time to distribute the assets. |
| Administration (an attorney is required) or | | | | 5. Pay taxes for the deceased. |
| Summary Administration (an attorney is optional). | | | | 6. Take care of any other legal or financial |
| Florida Probate: Formal Administration | | | | business specific to the deceased. |
| In every case, Formal Administration requires a | | | | There are other tasks the personal |
| probate lawyer familiar with probate law in Florida. | | | | representative is responsible for depending on the |
| Formal Administration is a formal probate process | | | | size and scope of the estate. |
| in a special probate court with a judge and all | | | | The personal representative will have to file legal |
| parties represented by legal counsel. Formal | | | | forms and send out legal documents as well. |
| Administration is the most common method of | | | | Because of the many and varied responsibilities of |
| administering probate cases for two reasons: | | | | the personal representative, seeking the |
| 1. The deceased has property and assets in | | | | professional advice of a Florida probate attorney |
| excess of $75,000 and has passed away within | | | | is not only recommended, probate law requires it |
| the past two years. | | | | for a Formal Administration. |
| 2. The deceased requested Formal Administration | | | | How to avoid Florida Probate? |
| in his or her will. | | | | There is only one way to avoid probate in the |
| Florida Probate: Summary Administration | | | | state of Florida. Probate laws do not apply to |
| Summary Administration is an abbreviated | | | | revocable trusts that name beneficiaries. If you |
| probate process and does not require a Florida | | | | have all assets and property funded in a |
| probate attorney. Usually, Summary | | | | revocable trust, then all assets and property pass |
| Administration requires you to complete forms | | | | to named beneficiaries without going through the |
| and provide original documents Summary | | | | courts. There is another added benefit to a |
| Administration is only used if: | | | | revocable trust, and that is, that all details are |
| 1. the deceased passed away more than 2 years | | | | kept private, unlike the Florida probate process |
| ago or | | | | where there are few privacy protections. |
| 2. the assets and property are less than $75,000. | | | | Settling the estate of someone after they pass |
| Even if your case qualifies for Summary | | | | away can be a very difficult job, even with a valid |
| Administration, Florida Probate Law allows you to | | | | will and revocable trusts. However, in most cases |
| choose Formal Administration. If you choose | | | | the deceased did not leave a valid will and |
| Formal Administration, you will need a lawyer. | | | | revocable trusts. If the estate is worth more than |
| Consult a probate attorney to help you determine | | | | $75,000.00, probate law requires that you hire a |
| if Formal or Summary Administration is right for | | | | probate attorney to ensure that the deceased's |
| your situation. | | | | assets get into the right hands. If the estate is |
| Why does Florida Probate Law Require an | | | | worth less than $75,000.00 it is recommended but |
| Attorney? | | | | not required that you hire an attorney. In any |
| Even with a valid will, legal in the state of Florida, a | | | | case, it's best to consult with a Florida probate |
| probate attorney is recommended by the state | | | | attorney to determine how you should proceed. |
| to represent the executor or personal | | | | |