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Probate Administration in the Orlando, Florida Area

Your loved one has died. What do you do next? Do they have a will, or do they not have a will? If they have  a will, then they died Testate. If they do not have a will, then they died Intestate. 

First and foremost, are there accounts payable at death to a party that will pass outside of the probate estate? How much in assets do they have in the estate? This is an important question in determining if an estate must be opened and what kind. 

Florida Statute 753.301 deals with disposition without opening an estate. 

“735.301 Disposition without administration.—

(1) No administration shall be required or formal proceedings instituted upon the estate of a decedent leaving only personal property exempt under the provisions of s. 732.402, personal property exempt from the claims of creditors under the Constitution of Florida, and nonexempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness.

(2) Upon informal application by affidavit, letter, or otherwise by any interested party, and if the court is satisfied that subsection (1) is applicable, the court, by letter or other writing under the seal of the court, may authorize the payment, transfer, or disposition of the personal property, tangible or intangible, belonging to the decedent to those persons entitled.

(3) Any person, firm, or corporation paying, delivering, or transferring property under the authorization shall be forever discharged from liability thereon.

History.—s. 1, ch. 74-106; s. 1”

If you meet the requirements of Florida Statute 735.301, you save the expense of probating the estate. 

However, if the estate does not qualify under 735.301, then you will need to probate the estate. You will proceed by filing a summary administration or formal probate administration. That will be determined by the value of the estate and whether the decedent’s will directed formal administration. 

Florida Statute 733.201 is the statute on Summary Administration. It may be had in a testate estate when the decedent’s will does not direct administration under 733. Further, the estate subject to administration must be less the value exempt from creditors and cannot exceed $75,000.00 or show that the decedent has been dead more than two years. The Florida Statute on formal administration is 733.212. 

If you have more questions regarding a Probate Administration Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.

This article is for informational purposes only and does not form an attorney client privilege.