Losing a loved one can be disorienting, and bereaved family members need time to grieve and process their loss. However, some matters must be addressed, including the probate process. Probate is a court-supervised process for identifying and gathering the assets of the person who has passed away. During this process, any debts will be settled, and the remaining assets will be distributed to the appropriate beneficiaries.
If you feel overwhelmed or confused about the probate process, our probate attorneys are here to provide expert advice. Our team can advise you about the documents needed for probate in Florida and guide you through the process with compassion and skill.
What Are the Two Types of Probate?
When approaching probate, the first stage is to determine which process is necessary. The two main types of probate administration are formal administration and summary administration.
Formal probate is typically required if the assets involved are valued at greater than $75,000 or if the value of the estate is unknown. In these cases, it is typical for the deceased to have passed away within the past two years. The process for formal administration in Florida is longer and more complex than summary administration, often requiring more extensive documentation and filings.
Summary administration may be used to save time and legal fees, but only if the assets involved are valued at $75,000 or less. Summary administration may also be appropriate if the decedent passed away more than two years ago.
What Are Probate Assets?
Since the value of the estate affects the probate administration process, it is key to understand what counts as a probate asset. Under state probate law, these are assets owned in the deceased’s sole name at death, or assets that were co-owned without a plan for succession upon one owner’s death.
Probate assets can include:
- Real estate
- Bank accounts
- Investment accounts
- Life insurance policies
However, if there is a named beneficiary or if accounts or real estate are jointly owned, these may be excluded from probate. Your lawyer can help you identify and classify each asset to ensure you have the correct probate documents to support the administration process in Florida.
Documents To Bring to Probate Court
To begin a Florida probate administration, several documents are required.
Death Certificate
The first is an official death certificate, which legally establishes that the person has died and that the estate can be settled.
Will
The next required document is the will, if one exists. Ideally, the original can be produced for the court. If only a copy can be produced, then additional hearings or testimony may be required to establish its validity.
List of Assets and Debts
Next, the court requires documents listing information about the estate’s assets and debts. This should include the names and amounts of all known assets, as well as the names and amounts owed to any creditors.
List of Heirs and Beneficiaries
Finally, the executor needs to provide a complete list of heirs and beneficiaries. In the absence of a will, the assets must be distributed in accordance with state law. Consequently, the court may need detailed information about the decedent’s family tree, even if there are complex or strained relationships between some of the potential heirs.
Contact Us Today for Help with Probate Documentation in Florida
Probate may seem intimidating and overwhelming, but you do not have to go through it alone. Having an experienced attorney by your side can help the process proceed more quickly and smoothly, and a third party can help resolve any family conflicts that may arise.
The Florida Probate & Family Law Firm are experts in handling probate cases. If you have any questions about the documents needed for probate in Florida or other aspects of the probate process, schedule a free case evaluation by contacting us today.