The Four Different Types of Probate in Florida

When someone passes away in Florida, their estate often must go through probate – a court-supervised process that involves identifying and gathering the decedent’s assets, paying debts and taxes, and distributing remaining assets to beneficiaries. However, not all probate proceedings are the same.

Florida law recognizes several different types of probate, each with its own requirements, procedures, and advantages. As an experienced probate law firm, our attorneys at Vollrath Law are here to help you understand the key differences between these probate options and determine which one may be appropriate for your situation.

Formal Administration

Formal administration is the most common type of probate in Florida. This court-supervised process is required when the decedent has been deceased for less than two years and the estate’s value exceeds $75,000.

The main steps in formal administration include:

1. Filing a petition for administration
2. Appointing a personal representative
3. Providing notice to interested parties and creditors
4. Identifying and inventorying estate assets
5. Paying valid claims and expenses
6. Distributing remaining assets to beneficiaries
7. Closing the estate

Formal administration provides court oversight to ensure proper handling of the estate, but it can be time-consuming and costly. An experienced probate attorney can help streamline the process and protect your rights throughout.

Summary Administration

Summary administration is a simplified probate process available when the estate qualifies under one of these criteria:

• The decedent has been deceased for more than two years.
• The value of the entire estate subject to administration, less the value of property exempt from creditors’ claims, does not exceed $75,000.

Some key features of summary administration include:

• No personal representative is appointed.
• Creditors are not necessarily notified.
• Estate assets can be quickly distributed to beneficiaries.

This expedited process can save time and money compared to formal administration. However, it’s essential to work with a knowledgeable probate lawyer to ensure the estate meets the legal requirements and to avoid potential pitfalls.

Disposition Without Administration

For very small estates, Florida law provides a streamlined process called disposition without administration. This process allows beneficiaries to receive certain assets without going through formal court proceedings.

Disposition without administration may be used when:

• The decedent has only exempt personal property and non-exempt property that doesn’t exceed final expenses and reasonable medical bills from the last 60 days.
• The decedent has been dead for more than one year, and there’s no pending probate proceeding.
• The estate assets consist only of property classified as exempt from creditors’ claims.

While disposition without administration can be a quick and inexpensive option, it’s crucial to ensure that the estate qualifies and that all legal requirements are met. A probate lawyer can guide you through the process and help you avoid legal challenges down the road.

Ancillary Administration

Ancillary administration is required when a non-resident decedent leaves property in Florida. This process is typically used in addition to the primary probate proceeding in the decedent’s state of residence.

The ancillary administration process involves:

1. Filing a petition for ancillary administration
2. Appointing a personal representative for the Florida property
3. Inventorying the Florida assets
4. Paying claims and expenses related to the Florida property
5. Distributing remaining assets according to the will or state law

Ancillary administration ensures that Florida assets are properly managed and distributed, while the domiciliary probate proceeding handles the rest of the estate. Consulting with a probate attorney can help you coordinate the two proceedings and minimize complications.

Determining the Right Probate Process

With multiple types of probate available in Florida, it’s essential to understand which one applies to your unique situation. Factors to consider include:

• The size and complexity of the estate
• The date of the decedent’s death
• The nature and location of estate assets
• The presence of a valid will
• The need for court supervision

A skilled probate lawyer can review your case, explain your options, and guide you through the appropriate probate process. They can also help you navigate legal challenges, protect your rights, and ensure that the estate is administered efficiently and effectively.

Get the Legal Support You Need

At Vollrath Law, we understand the emotions involved in probating a loved one’s estate. Our attorneys are here to provide the guidance and support you need during this difficult time.

Whether you’re a personal representative, beneficiary, or heir, we can help you understand your rights and obligations, navigate the Florida probate system, and achieve the best possible outcome for your situation. Contact us today to schedule a consultation and learn more about how we can assist you with your probate matter.