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What Is Probate in Florida?
When a person passes away and leaves behind assets solely in their name, those assets must go through probate before being transferred to heirs or beneficiaries. This legal process ensures that creditors are paid and the deceased’s assets are appropriately distributed according to their will or
Florida law.
If you’re dealing with an estate, you might wonder: What type of probate do I need? Florida probate has two main types: Summary Probate and Formal Probate. Understanding which one applies to your situation is crucial for a smooth and efficient estate resolution.
Summary Probate in Florida
Summary Probate is a quicker and more cost-effective form of probate available in Florida. However, an estate must meet one of two specific conditions to qualify:
The Decedent Passed Away More Than Two Years AgoIf the deceased person (also called the decedent) died more than two years ago, the estate qualifies for Summary Probate regardless of its value. This often happens when families are unaware that probate is needed until years later.
The Value of Probate Assets Is $75,000 or LessIf the assets subject to probate (excluding exempt assets) are valued at $75,000 or less, the estate may qualify for Summary Probate. Exempt assets typically include:
Homestead property (a primary residence)
Up to two vehicles
Household belongings valued up to $20,000
If the remaining probate assets are under $75,000 after deducting these exempt assets, the estate can go through the simplified Summary Probate process.
Formal Probate in Florida
If an estate does not meet the qualifications for Summary Probate, it must go through Formal Probate. This more involved process requires the appointment of a Personal Representative (also known as an Executor in other states).
Situations where Formal Probate is required include:
The estate’s non-exempt assets exceed $75,000
The decedent passed away less than two years ago
There are creditor claims that need to be handled
Unknown or disputed assets require identification and valuation
Benefits of Formal Probate
Appointing a Personal Representative: Banks, financial institutions, and creditors often require a formally appointed representative to handle estate matters.
Addressing Creditor Claims: If the decedent has outstanding debts, Formal Probate allows a structured process to handle creditor claims.
Resolving Complex Estate Issues: If the estate includes business interests, lawsuits, or other complexities, Formal Probate ensures these matters are properly handled under Florida law.
Summary Probate can often be completed in 2 to 3 months, depending on court schedules and required documentation.
Formal Probate typically takes 6 to 12 months or longer if complications arise.
When Exceptions Apply
Even if an estate appears to qualify for Summary Probate, certain factors may still require Formal Probate. For example:
Pending lawsuits or legal settlements owed to the decedent
Unresolved creditor claims that need formal negotiation
Disputes among beneficiaries that may require court intervention
This is why consulting with a Florida Probate Attorney is essential to determine the best course of action for your case.
Get Expert Guidance from a Florida Probate Lawyer
Navigating Florida probate can be overwhelming, but you don’t have to do it alone. Whether you need assistance determining which type of probate applies, handling estate administration, or resolving disputes, the experienced team at atCause Law Office is here to help.
Call atCause Law Office today at 727-477-2255 to schedule a consultation with a knowledgeable Florida Probate Attorney. Let us guide you through the process and ensure your loved one's estate is handled efficiently and correctly.
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We strongly recommend you consult an attorney for specific legal advice tailored to your circumstances.
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