When is it necessary for a Florida Estate to go through Probate?
- July 16, 2019
- ontarget
- Probate
- 0 Comments
In Florida, there are three (3) options for a deceased person’s estate to be properly and legally disposed of:
(1) Disposition without Administration
(2) Summary Administration
(3) Formal Administration.
Disposition without Administration, is reserved for when the deceased person has very little assets. Pursuant to Florida Statute 735.301, a person who paid the decedent’s final funeral and/or expenses of the last illness, can be reimbursed from the minimal assets of the estate without the cost of Summary or Formal Administration.
However, Disposition without Administration can only be used when:
(1) the deceased person did not leave any real estate, and
(2) the only assets are either exempt from creditors’ claims or don’t exceed the amount of final expenses.
To request reimbursement, you would file with the court a form called “Disposition of Personal Property without Administration”. For more information, or to determine whether Disposition without Administration would be appropriate in your situation, you should seek the advice of an experienced and knowledgeable Florida Probate attorney.
The Disposition of Personal Property without Administration must state how much you have spent, and you must have documentation of those expenses, and provide an itemization of bills and receipts for funeral expenses and/or for medical expenses that were incurred during the last sixty (60) days of the decedent’s life. You must also state exactly which assets you are requesting payment from. For example, a bank account or a car. You must file a certified copy of the death certificate with the request. If the decedent has a Last Will and Testament, it must also be filed with the appropriate local circuit court.
Summary Administration, can be used in a Florida estate, if either:
(1) the death occurred more than two years ago, or
(2) the value of the probate estate is not more than $75,000.
The person named Personal Representative from the decedent’s Last Will and Testament, if any, or any beneficiary of the decedent, would file a Petition for Summary Administration. Please note, if there is a surviving spouse, they must sign and verify the petition. Pursuant to Florida Statute 735.201, if any beneficiary does not sign the petition, you must formally serve that person with notice that you have filed the petition.
There are specific requirements, and information that you must state in the Petition for Summary Administration. In a Summary Administration, the court does not appoint a Personal Representative for the estate. Instead, if the court determines that the estate qualifies for Summary Administration, the court issues an order, releasing the property to the beneficiaries. To determine whether a Summary Administration is appropriate in your situation, you should seek the advice of an experienced and knowledgeable Florida Probate attorney.
Formal Administration, is used when an estate does not qualify for Disposition without Administration or Summary Administration. Formal Administration proceedings typically begin when the Personal Representative nominated in the decedent’s Last Will and Testament, or another interested party, requests the appropriate Florida circuit court appoint a Personal Representative of the estate. Generally, the probate proceeding must take place in the Florida county where the decedent was living at the time of death. All beneficiaries and heirs must be given notice, in order that they be afforded the opportunity to object. If no objection is received, the court will issue Letters of Administration, giving the Personal Representative the authority to settle the estate.
The Personal Representative has a fiduciary duty to the beneficiaries and must gather and inventory the assets, pays debts and taxes, and distribute what is left to the beneficiaries. This process is monitored by the court. The Personal Representative must follow specific Florida laws and regulations in the administration of the estate. This is why it is important that you seek the advice of an experienced and knowledgeable Florida Probate attorney.
To learn more about this or other Probate matters, you should seek the assistance of an experienced and knowledgeable Probate Attorney to assist you. To discuss this matter, or other Guardianship or Probate Administration matters please contact Ann Marie Gilden, Esquire of Ann Marie Giordano Gilden, P.A. at (407) 732-7620, and visit my website at www.AnnMarieGildenLaw.com.
This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create any attorney client relationship.