If you have lost a loved one, you may need to navigate the probate court process to settle their estate and distribute their assets. Probate is a legal process designed to transfer property from the estate to beneficiaries and to resolve estate-related disputes. Understanding the Florida probate court process is essential, and an experienced probate attorney can assist you.
What Is Probate?
Probate is a court-supervised process that identifies a decedent’s assets and debts, then distributes those assets to those with valid claims. Even if a person died with a will, probate is typically required under the Florida Probate Code (Florida Statutes Chapter 731–735) to interpret a will and transfer property. A personal representative is appointed at the outset to manage the tasks involved in the decedent’s estate. This personal representative is an individual, a bank, or other entity chosen by a probate judge to oversee the estate. Once appointed, the personal representative must administer the estate under the rules set forth by the state law.
Administration of the decedent’s estate generally requires paying creditors with valid claims under Florida Statutes § 733.707. This law explains which creditors can make claims against an estate, and in what order of priority. After resolving debts, the personal representative distributes remaining assets to heirs and beneficiaries. Assets in a probate estate can include any of the following:
- Bank accounts
- Annuity contracts
- Retirement accounts
- Investment accounts
- Life insurance policies
- Real estate (subject to how the property is owned and titled)
A probate court in Florida can process an estate via summary administration or formal probate administration. Summary administration is simpler, quicker, and preferable when possible. To qualify for summary administration, the estate must hold less than $75,000 in non-exempt assets, or the decedent must have passed away more than two years prior. Formal administration applies to larger estates (holding more than $75,000 in assets) and when the decedent passed away within the past two years. Formal administration may also be required when disputes, such as lawsuits, arise. A knowledgeable attorney can review the estate and determine the appropriate course of action.
How a Lawyer Can Help
Our attorneys have the necessary knowledge and court experience that not all lawyers do, as Florida probate law is complex. Submitting the right paperwork, having a will validated, and properly handling debts and assets are all among the tasks a lawyer can help a personal representative with. Managing creditor claims, tax obligations, and distributions to beneficiaries are also key functions an attorney may take on.
Conflicts during estate administration are common. Whether it is a disputed claim from a creditor or a disagreement between family members, our attorneys may know better how to approach and manage these issues than a personal representative.
Call an Attorney for Help with the Probate Court Process in Florida
Navigating Florida probate court can be complex, time-consuming, and expensive when approached the wrong way. An attorney can help you by explaining each step and providing clear direction and support as you and your family work through the probate process. Contact The Florida Probate & Family Law Firm today to schedule a free case evaluation.