When someone close to you passes away, the grief can be overwhelming. In tragic times, money is one of the last things on your mind. If the deceased names you as their representative, however, you may find yourself struggling to figure out who their creditors may be, or where their estate should go. In a case like this, a probate administration can be your knight in shining armor.
If your loved one has passed away and left their estate in a state of disrepair, you need a knowledgeable and experienced attorney to guide you through the probate process. The Berman Law Group has built a reputation as fearless and indefatigable defenders of their client’s rights. With decades of experience, we have the knowledge and skill to help you fight to claim what is rightfully yours and ensure your relative’s wishes are fulfilled.
Probate administration is a court-supervised process for identifying and gathering the assets of a deceased person (referred to as the decedent), paying the decedent’s debts and distributing the decedent’s assets to their beneficiaries. Florida Statutes 731 through 735 covers the legal codes surrounding probate administration, while the rules of probate proceedings in the State of Florida are covered in the Florida Probate Rules.
Generally, the probate administration follows a typical form, with the decedent’s funds being used to cover various costs. These costs are usually covered in the following order:
- Probate proceedings
- Decedent’s funeral; expenses
- Decedent’s debts
The remainder of the funds are usually then distributed to the decedent’s beneficiaries. As no two probate cases are exactly alike, times for the duration of a probate administration case can vary. Generally speaking, however, the formal probate administration process may take anywhere between four-to-six months.
Types of Probate Administration in Florida
Probate vs. Non-probate Assets
In the State of Florida, only assets that were owned solely by the decedent at the time of their death must go through probate administration. Any assets that are either jointly owned, or have a designated beneficiary, are not subject to probate administration.
Formal vs. Summary Administration
As documented in Florida Statute 735.201 If an estate is valued at $75,000 or less, or the decedent has been dead for more than two years, the estate qualifies for abbreviated probate administration, also known as a summary administration. Any estates which do not qualify for summary administration must undergo formal, or regular, probate administration.
Ancillary vs. Domiciliary Probate
Domiciliary probate administration is probate of assets that are located in Florida and owned by a decedent who was also a Florida resident. Ancillary probate administration is a probate of assets that are located in Florida but owned by a decedent who was not a Florida resident.
Contact an Experienced Probate Attorney Today
If you have been named as the personal representative of a deceased individual in the State of Florida, you should seek legal counsel immediately. Make sure you get a trusted and experienced probate attorney who is willing to fight for your rights. Call The Berman Law Group right now at (800) 375-5555 for your free consultation.