Probate administration is the process of transferring the assets of one who has died to his or her heirs or beneficiaries. Depending on the size, complexity, or residence of the decedent, there are several different procedures available including formal, summary, and ancillary. At Bart Scovill, PLC, we handle probate matters throughout the State of Florida.
Probate FAQ
Probate can be used for several different reasons. Primarily, it is used to transfer assets titled in the name of a person who has died to his or her beneficiaries or heirs.
Probate can also be used to shorten the time creditors have to make claims against an estate. A Notice to Creditors properly published in a newspaper and sent to known creditors can shorten the claim period from 2 years to 90 days.
Probate can also be used to have a formal declaration of homestead. This can be useful to eliminate any claims against the homestead of unsecured creditors.
Probate will also be necessary to pursue a Wrongful Death claim if one is killed through the wrongful conduct of another.
There may be other uses as well, but those can be determined on a case-by-case basis by a qualified attorney.
There are several versions of Probate. They vary depending on the amount of assets to be administered and when the decedent died. Different types of Probate include:
- Formal Administration – This is a full administration and is appropriate in most circumstances
- Summary Administration – An estate qualifies for this abbreviated procedure if the estate has assets of less than $75,000 or the decedent died more than 2 years before
- Ancillary Administration – This is an administration for out-of-state residents who have real property in Florida
- Disposition without Administration – This is only available for very small estates and can be done with the assistance of the local clerk's office
If the decedent was a Florida resident, the proper location to probate the estate is in the county of residence. If the decedent was not a Florida resident, the estate can be administered in any county in which property was owned.
There are several ways to get the Will out of the box.
The easiest way is if another person is named as a joint holder of the box. That person can retrieve the Will with no problems or delays.
Another option is to go to court to request that a judge order an examination of the box. If a Will is found, it will be sent to the court. This should be the option of last resort because it takes longer, requires the filing of papers with the court, and usually involves a lawyer and the associated legal fees.