FORMAL Probate Administration
Formal probate administration is required when the decedent has been dead for two years or less and when the value of the probate estate exceeds $75,000. Also, it is better to utilize a formal probate administration if the decedent has many unpaid creditors.
In Florida, you are required to have an attorney represent you if you plan to act as the executor or personal representative of a person’s estate. Trying to navigate the Florida probate system alone is not an easy task and it is important, when handling a person’s final affairs, that the matter is handled properly and in a timely manner.
Summary probate administration may be the appropriate choice when it appears the value of the decedent's entire probate estate in Florida, less the value of exempt property, does not exceed $75,000 OR the decedent has been dead for more than 2 years.
Homestead TRANSFER OF Real Property
In Florida, a person's primary residence can be protected from potential claims of creditors for the benefit of legal heirs of the decedent's estate. Also, the property is given a $0.00 value and considered exempt property in a probate administration. Strict rules must be adhered to in order to determine whether the property qualifies as a person's homestead and to ensure it is protected. Summary administration might be appropriate if this is the sole asset a person owned at the time of their death that needs to be transferred through probate.
Know before you list! Before listing a home for sale, make sure the property is properly titled in your name. If you are trying to sell a property that is legally owned by someone who has passed away, probate is required before the sale can go through. Don't wait until the last minute when the title search reveals you are not the legal owner. Contact Rogers Law to find out the best way to protect the property and make sure title is properly transferred in order to close on a sale.
Your initial consultation is always FREE
If you have questions regarding a probate administration, complete the form below or call (727) 900-5611 to speak with Attorney Dena Rogers.