Probate
Probate in Florida is the legal process through which a deceased person’s assets are identified, valued, and distributed under court supervision. While the process can vary in complexity depending on the size and nature of the estate, probate remains a central function of estate administration when there is no trust or other legal mechanism in place to bypass it.
At Scully | Torres, our Florida probate lawyer offers assistance in probate administration and representation. Whether you’re a surviving family member, executor (personal representative), or beneficiary, working with a lawyer can help streamline the process, meet deadlines, and avoid costly missteps.
Why Does Probate in Florida Matter?
Probate in Florida exists to provide legal oversight over the transfer of assets from a deceased individual to their heirs or beneficiaries. It is typically required when someone dies owning assets solely in their name without a beneficiary designation.
Common examples include real estate, bank accounts, vehicles, or personal property not jointly held or titled to a trust. If these assets need to be transferred or debts must be settled, Florida probate law kicks in.
Through this process, the court:
- Validates the will (if there is one)
- Appoints a personal representative (also called an executor)
- Identifies, collects, and inventories the decedent’s assets
- Pays off debts and taxes
- Distributes remaining property to beneficiaries
Florida law provides different types of probate depending on the estate’s size and complexity:
- Formal administration is the most common and applies to larger estates valued over $75,000.
- Summary administration is an expedited option for estates valued at $75,000 or less, or if the decedent has been deceased for more than two years.
- Ancillary administration applies when a non-Florida resident dies owning real property or other probate assets located in Florida.
Not all assets must go through probate. Property titled in a living trust, jointly held real estate with survivorship rights, and accounts with payable-on-death (POD) or transfer-on-death (TOD) designations usually avoid the court process.
Role of a Personal Representative in Probate
A personal representative is appointed by the court to administer the estate. In Florida, this individual must be at least 18 years old, mentally competent, and have no felony convictions. They may be an individual, a bank, or a trust company authorized to act in this capacity.
Their responsibilities include:
- Locating and valuing assets
- Notifying creditors and publishing required legal notices
- Paying valid debts and taxes
- Distributing assets per the will or state law
- Filing required reports with the court
Failure to fulfill these duties accurately and in a timely manner can result in personal liability, which is why guidance from a probate attorney is recommended.
Need Help With Probate Administration and Representation?
Probate in Florida can be straightforward with the right preparation, but without legal guidance, it may quickly become overwhelming. From filing the initial petition to final asset distribution, the process requires strict attention to legal obligations and timelines.
If you need assistance with probate administration and representation, we have a probate attorney at Scully | Torres to ease the probate process. Contact us today for a consultation about probate in Florida.
