Understanding Florida’s Probate Process

1. Probate is the court-supervised process of administering a deceased person’s assets in Florida.
2. A personal representative is appointed to take charge of the probate process, including identifying, gathering, and securing the estate assets.
3. The probate process involves paying valid creditors, taxes, and expenses, followed by distributing the remaining assets to the beneficiaries according to the decedent’s Will or Florida’s intestacy statute if there is no valid Will.
4. The probate process begins by filing the appropriate probate petition with the Clerk of Court in the county where the decedent resided.
5. If the decedent had a Last Will and Testament, it must be deposited with the Clerk of the Court within ten days of their death.
6. A Personal Representative is generally required to be represented by an attorney under Florida law, except if they are the only interested person in the estate. – Not all assets are subject to probate under Florida law
– Non-probate assets include jointly owned assets, assets with beneficiary designations, and assets owned by a revocable trust
– Probate assets include individually owned assets and assets without automatic succession of ownership
– Types of probate proceedings in Florida include formal administration and summary administration – Ancillary administration is a legal process used to transfer ownership of Florida real estate from a non-resident’s estate to their beneficiaries.
– It is often done in conjunction with probate in the non-resident’s home state.
– Disposition without administration is an informal probate procedure that allows the person who paid the decedent’s funeral or medical expenses to seek repayment from the decedent’s personal property.
– This procedure is only available in specific circumstances, such as when the decedent left behind a small bank account and a friend or family member paid their expenses.

https://www.pfhglaw.com/overview-of-floridas-probate-process/