Overview of Uncontested Probate in Florida :

Uncontested probate in Florida, unlike other areas of law such as civil litigation or criminal defense, is a process that seldom requires the attorney or client to appear in court. Because of this, the work is done almost exclusively from a distance, either by mail or phone, which saves fees and costs for the client. As such, My Florida Probate handles uncontested probate proceedings throughout the state. It is uncommon for a judge to require an attorney's physical presence at a hearing.

Types of Court Proceedings For Probate in Florida:

The following is a brief overview of three types of court proceedings used in Florida to pass title of a decedent's assets to the heirs or beneficiaries.

Please Note:  The the term 'testate' means there is a Last Will & Testament.
                       The the term 'intestate' means there is no will.

Summary administration - may be utilized in the administration of either a resident or nonresident decedent's estate, when it appears:

(1) In a testate estate, the decedent's will does not direct administration as required by chapter 733.

(2) In either a testate or an intestate estate, that the value of the entire estate subject to administration in Florida, 
less the value of property exempt from the claims of creditors (e.g., homestead exempted property), does not exceed $75,000,

 or 

that the decedent has been dead for more than 2 years.

Admission of Foreign Will to Record - a nonresident decedent who dies owning real property in Florida and who has a will that is being or has been probated in another state, may qualify to petition the Florida court to admit the decedent's foreign will to record. Once the foreign will is admitted to record by order of the Florida court, the foreign will acts like a deed or muniment of title in the public records transferring the title to the Florida real property to the person(s) named in the will. This special type of court petition has a very narrow application and should be discussed with an attorney to determine if it is appropriate for the estate you are handling.

Formal administration (Florida Statutes, Chapter 733) - must be had if the decedent's estate does not qualify for Summary administration (i.e. the decedent has not been dead for more than 2 years and the decedent's assets subject to administration in this state exceed $75,000 and/or the will requires a Formal administration.)

If you would like to speak with someone regarding probate in Florida, you can call toll free, 866-465-8046 or within Citrus County, 726-5444. Or if you wish to write, you can e-mail dawn@myfloridaprobate.com.