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Florida Probate Law

Posted on 30. May, 2010 by Admin in Uncategorized

Probate refers to the process a court engages to distribute assets of a deceased person. In Chapters 731 through 735 of the Florida Statutes, one can find the Florida Probate Code.

Generally, after the deceased person’s assets have been identified, a court will use those assets to pay any outstanding debts the deceased person has. Before this, however, the assets are used to pay the cost of the probate proceedings. After court fees and outstanding debts have been paid,  the court will give any leftover assets to beneficiaries of the deceased person. In Florida, there are two types of probate administration under Florida law. One is called formal administration, and the other is called summary administration. There is also another type of administration that is not supervised by the court. This kind of proceeding is called “Disposition of Personal Property without Administration.” Only in certain situations may this kind of proceedings be used.

Typically, a creditor or beneficiary legally files for probate. If the deceased left a legal will behind, then the Personal Representative (also known as the Executor) named in the will initiates the probate process.

According to Florida Probate Laws, only the original copy of a descendant’s will is accepted by the Florida court system. This law is in place to help ensure that the will is indeed valid. Typically, a lawyer should be consulted when dealing with the probate process in Florida to ensure it is completed in a timely, professional, and efficient manner.

Depending on each legal case, the fees for filing probate vary greatly. Typically, attorneys’ fees for estates with values of $40,000 or less is about $1,500 dollars.

Estates without a valid will are defined as “intestate” estates. Florida Probate laws dictate specific actions that must be taken in this situation. In Florida, if there is a surviving spouse and no children, then the entire estate is given to the spouse. If there is a surviving spouse and children, the first $60,000 and one half of the remaining estate assets go to the spouse first. Then, the rest of the estate goes to the children.

Overall, it is better to create a valid will to make the probate process easier for your loved ones in Florida.

For more information on Florida Probate Laws, please visit the Florida Probate Attorney.

Tags: estate law, florida probate law, probate law