Every state has a body of law governing how property is managed after someone dies. If you have recently lost a family member or are named as the executor or personal representative in someone’s will, it is critical to understand the unique aspects of probate in Coral Gables.
The probate attorneys at The Florida Probate and Family Law Firm have years of experience guiding local residents through the probate process. We can make sure you know what to expect and help you manage any unusual situations that might arise.
Several Forms of Probate
One of the distinctions of Coral Gables probate is that there are several different probate processes. The process depends on the value of the probate estate. An attorney can determine the appropriate process in a specific probate case.
The probate estate is the value of the property the decedent held solely in their own name. Many people with substantial assets have a relatively small probate estate because they held their wealth in assets that do not need to go through probate.
Disposition Without Administration
This process allows a decedent’s personal property to be distributed without formal probate. Florida Statutes § 735.301 permits this when the decedent left only personal property and its value is less than their medical bills from their final illness and funeral expenses.
Summary Administration
Florida law allows a summary probate administration process when the probate estate has a value of less than $150,000. This process is also available when a decedent has been dead for more than two years, regardless of the probate estate’s value. Summary administration is a simplified and faster process.
Formal Probate Administration
The traditional formal probate process takes a few months to a year in many cases. The process can take years if there are complications like disputes among heirs, problems identifying or locating property, or if property must be sold to satisfy debts.
Ancillary Administration
This is a process that allows the personal representative of a decedent resident of another state to manage and dispose of the decedent’s property located in Florida.
A Generous Homestead Provision Protects Families
The state’s unique homestead law allows a primary residence to pass to a surviving spouse or minor children without passing through probate in Coral Gables. Even when a decedent’s will left the home to someone else, the homestead laws prevail, and the family retains the property.
Homestead property is protected from claims against the decedent’s estate. It is wise for family members to petition the probate court to declare their home qualifies for protection as a homestead. Our attorneys can help a family member or personal representative prepare a request to the probate court.
What Are the Family Exemptions?
Florida law allows a family to keep certain property that might otherwise have to go through probate. These unique provisions ensure that Coral Gables families do not experience unnecessary hardship while probate is ongoing.
Besides the homestead, family members may keep household items like furniture and tools up to $20,000 in value. Up to two vehicles can pass to family members without going through probate, without a limit on value. Families can also protect college tuition accounts like Florida 529 accounts.
The family may request a cash allowance from the probate court if they do not have enough cash to meet their needs. Families should work with an attorney to prepare their petition to the probate court for an allowance.
Navigate Unique Aspects of Probate with a Coral Gables Attorney
Probate is stressful, and the unique aspects of probate in Coral Gables can be surprising. Consult our legal professionals to ensure you take full advantage of the benefits of probate in Florida.