Probate

Guidance Through the Probate Process

Probate is a court-supervised process for identifying and gathering the assets of a deceased person (decedent), paying the decedent’s debts, and distributing the decedent’s assets to his or her beneficiaries.

The Florida Probate Code is found in Chapters 731 through 735 of the Florida Statutes. The rules governing Florida probate proceedings are found in the Florida Probate Rules, Part I and Part II (Rules 5.010-5.530).

There are two types of probate administration under Florida law: formal administration and summary administration. There is also a non-court supervised administration proceeding called “Disposition of Personal Property Without Administration.” This type of administration only applies in limited circumstances.

Probate administration only applies to probate assets. Probate assets are those assets that the decedent owned in his or her sole name at death, or that were owned by the decedent and one or more co-owners and lacked a provision for automatic succession of ownership at death.

Common Probate Assets

Common Probate Debts

Non-Probate Assets

Common Reasons to Probate Estate

Common Probate Assets

Common Probate Debts

Non-Probate Assets

Common Reasons to Probate Estate

Types of Probate Administrations

Formal Probate Administration

Deposit of Will (Testate)
Petition for Formal Administration
Appointment of Personal Representative (Letters of Administration and Order Appointing Personal Representative)
Establishment of Validity of Will (Testate)
Publish Notice to Creditors (within two years of decedent’s death when there’s homestead property)
Determine Heirs and Beneficiaries
Marshalling and Management of Assets and Debts During Administration
Satisfy Debts and/or Defend Against Collection
Distribution of Estate Assets
Closing of Estate and Discharge of Personal Representative
Reopening of Estate (if additional assets are found after Estate is closed)

Summary Probate Administration

Generally available only if the value of the estate’s non-exempt assets less than $75,000, and if the decedent’s debts are paid, or the creditors do not object.
Decedent must be deceased for more than two years with no prior probate administrations.

Disposition without Administration

Requires an Affidavit or Letter to the Probate Court
Small Estates with Certain Assets, Such As:
1. Exempt Personal Property (e.g., household furniture, furnishings, and fixtures);
2. Personal Property Exempted from Creditors; and
3. Non-Exempt Personal Property with a Value Less than the Cost of Funeral Expenses and Reasonable and Necessary Medical and Hospital Expenses Incurred in the Last 60 Days of the Decedent’s Final Illness.

If you have questions or concerns regarding probate services, contact the Bostick Law Group to schedule your case review.

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The information contained in this page is intended to be a general review of the topics discussed. Because each case is unique, you should discuss your case with a qualified attorney before relying on the information provided. By providing this information, there is no intent to establish an attorney-client relationship.

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