Florida Probate Requirements, Rules & Processes – What You Need To Know

When a loved one passes away, the last thing you want to think about is the legal process of settling their estate. However, understanding the probate requirements in Florida is crucial for ensuring that your loved one’s assets are distributed according to their wishes and that their debts and taxes are paid.

At Vollrath Law, we understand how overwhelming the probate process can be, especially during a time of grief. That’s why we’re here to guide you through every step of the process and ensure that your rights and interests are protected.

What is Probate?

Probate is the legal process of distributing a deceased person’s assets to their beneficiaries. In Florida, probate is supervised by the circuit court in the county where the deceased person resided.

The primary purposes of probate are to:

1. Ensure that the deceased person’s debts and taxes are paid
2. Distribute the remaining assets to the beneficiaries according to the deceased person’s will or Florida’s intestacy laws (if there is no will)

It’s important to note that not all assets are subject to probate. For example, jointly owned property with the right of survivorship, assets with designated beneficiaries (such as life insurance policies and retirement accounts), and assets held in a trust typically bypass the probate process.

Florida Probate Rules and Statutes

The probate process in Florida is governed by two main sets of rules and statutes:

Florida Probate Code

The Florida Probate Code, found in Chapters 731-735 of the Florida Statutes, outlines the substantive laws that govern the probate process in Florida. These statutes define the rights and responsibilities of personal representatives, beneficiaries, and creditors, as well as the procedures for administering an estate.

Florida Probate Rules

The Florida Probate Rules numbered 5.010-5.530, are the procedural rules that have been adopted by the Florida Supreme Court to ensure uniformity and efficiency in probate cases. These rules work in conjunction with the Florida Probate Code to provide a comprehensive framework for probate proceedings.

Types of Probate Administration in Florida

There are three main types of probate administration in Florida: formal administration and summary administration.

Formal Administration

Formal administration is required when the value of the probate estate exceeds $75,000. In a formal administration, the personal representative generally must be represented by an attorney licensed to practice in Florida.

Formal administration involves court supervision and can take several months to a year or more to complete, depending on the complexity of the estate.

Summary Administration

Summary administration is a simplified probate process that may be used when the value of the probate estate is less than $75,000 or when the deceased person has been dead for more than two years, regardless of the estate’s value.

Summary administration is typically faster and less expensive than formal administration, as it involves less court supervision and fewer procedural requirements.

Disposition Without Administration

Disposition without administration is a Florida process that allows for the release of a deceased person’s assets to the person who paid their final expenses. This process is governed by Florida Statute 735.301 and Florida Probate Rule 5.420. It’s an alternative to probate that can simplify or even eliminate the need for a lengthy probate process

Steps in the Florida Formal Administration Probate Process

While the specific steps in the probate process may vary depending on the type of administration and the complexity of the estate, the general process involves the following:

1. Filing the Petition for Administration

The probate process is initiated by filing a Petition for Administration and death certificate with the circuit court in the county where the deceased person resided. The petition must be filed by an interested party, such as a family member or a person named as the personal representative in the deceased person’s will.

2. Appointing a Personal Representative

The court will appoint a personal representative to administer the estate. This person may be nominated in the deceased person’s will or, if there is no will, the court will appoint a qualified individual according to Florida’s intestacy laws.

The personal representative is responsible for managing the estate, paying debts and taxes, and distributing assets to the beneficiaries.

3. Notifying Creditors and Beneficiaries

Once appointed, the personal representative must notify known creditors and potential beneficiaries of the probate proceeding. Creditors have a limited time to file claims against the estate.

4. Inventorying and Valuing Assets

The personal representative must identify and value all probate assets. Non-probate assets, such as life insurance policies and retirement accounts with designated beneficiaries, are not included in the probate estate.

5. Paying Debts and Taxes

The personal representative must pay all valid creditor claims and any outstanding taxes owed by the estate. Once these obligations are satisfied, the remaining assets can be distributed to the beneficiaries according to the deceased person’s will or Florida’s intestacy laws.

Avoiding Probate in Florida

While probate serves an important purpose, many people seek to avoid it when possible to save time, money, and maintain privacy. There are several ways to avoid probate in Florida:

Proper Estate Planning

Creating a comprehensive estate plan with the help of an experienced attorney can minimize the need for probate. Tools such as revocable living trusts, joint ownership with the right of survivorship, and beneficiary designations can be used to transfer assets outside of probate.

Our Probate Attorneys Help You Navigate Florida Probate Rules

A skilled probate attorney can provide invaluable guidance and support throughout the probate process.

At Vollrath Law, our attorneys can assist you with:

• Guiding personal representatives and beneficiaries through the probate process
• Ensuring compliance with Florida probate laws and procedures
• Resolving disputes and protecting the interests of the estate and beneficiaries
• Developing comprehensive estate plans to minimize the need for probate

When you work with Vollrath Law, you can trust that your probate matter is in capable hands. We are dedicated to providing personalized, compassionate service and achieving the best possible outcome for our clients.

If you have questions about probate or need assistance with an estate planning matter, don’t hesitate to contact us. Our experienced attorneys are here to guide you every step of the way. Contact us today to schedule a consultation and learn more about how we can help you.