Probate / Administration of Estates
When a person dies in Florida, you may need to undertake an administration of their estate. People commonly call this probate.
There are a number of different reasons that you may need to probate an estate. You may need to do this to distribute the property of the decedent, or you may need to do this for other legal reasons, such as clearing title to a parcel of property for a title examiner. Whatever the reason for the probate, the process can be long and complicated, and in most cases you will need an attorney.
Formal Administration of the Estate
The most common petition that is filed in probate is a petition for formal administration of an estate. This is the long form process, and requires a significant amount of paperwork, including notices to all interested parties to the estate and all of the estate’s potential creditors. Additionally there are a number of things that may need to be filed to protect certain property from creditors such as a determination of homestead for the primary residence of the decedent, and a petition to exempt property for the vehicles and household furniture.
There are many procedural rules in probate proceedings, and every document must be filed in a timely matter. You should find experienced legal help when going through the probate process.
Summary Administration
Certain estates may qualify for a process known as summary administration. You must be careful when using this option. Although the process is much shorter than formal administration of estates, you may subject yourself to legal liability for the decedents debts if used incorrectly.
Passing Assets Without Administration
In very rare cases, no administration of the estate is required to get title to the decedents property. Very specific rules apply to this situation, and a petition will still be filed with the court to determine if the estate is qualified. You should check with an experienced lawyer before attempting to file this petition with the court.
