Please note that Initial Free Case Reviews and Flat-Fee Quotes
are provided ONLINE ONLY.
Dawn Ellis
Attorney at Law
FLORIDA PROBATE ANSWERS
During the last 15 years, Dawn has handled more than 1,000 probate cases throughout Florida.
Providing assistance with probate in any of Florida's 67 counties.
You can receive a free case review and flat-fee quote on-line for probate services.
99% of the time you won't have to travel or appear in court.
If you have concerns regarding the need
for probate in Florida, or questions about whether probate is necessary, Dawn can help.
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If you are an existing client, an attorney,
or for general inquiries, please call toll-free
866-465-8046
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TYPES OF PROBATE IN FLORIDA
Formal Administration
-Can be done with or without a Will.
-Is the most common form of Florida probate and involves the appointment of a Personal
Representative(s) and issuance of Letters of Administration.
-Must be used when the decedent (person who has passed away) has been dead less than
2 years AND the estate's assets are greater than $75,000, not including the primary
residence.
-Must be used when the Will includes a provision requiring it.
-Should be used when the estate owes money to Creditors and/or there are special
circumstances involving heirs.
-Should be used if the estate is involved in a law suit.
Summary Administration
-Can be done with or without a Will.
-Can be done if the entire estate is worth less than $75,000, not including the primary
residence.
-Can be done regardless of the size of the estate if the decedent (person who has passed
away) has been dead for at least 2 years.
-Can be done if the Will does not include a provision requiring formal administration.
-Does not involve the use of an appointed Personal Representative and Letters of
Administration.
-Transfers title to real property directly into the names of the beneficiaries.
-Is an 'abbreviated' form of probate in that it is usually opened and closed much faster than
a formal administration.
Admission of Foreign Will to Record
-Must involve a Will that has been probated in another state.
-Is the most abbreviated form of probate
.
-Can only be used when the Florida estate assets are real property, usually a second
home, condominium, or vacant lot.
-Is commonly used when property in Florida is being sold and probate was only done in
another state. The seller(s) need the title conveyed to them
in the public record in Florida
so they can legally transfer the ownership to the Buyer(s).
-Should NOT be used when the estate owes money to Creditors and/or there are special
circumstances involving heirs.
-Transfers title to real property directly into the names of the beneficiaries.
Disposition Without Administration
-Can ONLY be used when funeral costs and the last 60 days of medical expenses paid by
someone other than the decedent exceed the value of the decedent's personal property
.
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Forms can be obtained directly from the County Clerk's office.
A list of ALL of Florida's 67 County Clerks' offices can be found here.