When someone dies, it’s a difficult time for loved ones. The last thing grieving family members want to deal with is the probate process, the court-supervised method for transferring assets from the deceased individual to their beneficiaries.
But unfortunately, probate is often unavoidable. That’s why it’s important to understand Florida probate law so that you can make informed decisions about your estate plan.
A Difficult Time For Loved Ones
When someone dies, it’s a difficult time for loved ones. Letting go of that person is hard, and it’s never easy to accept that they won’t be coming back. But what happens after they’re gone? What should you do first?
Probate is the process that follows death, where you figure out what to do with the deceased person’s property (money and assets). It may seem like this could take a long time or even be confusing, but don’t worry—there are plenty of resources out there to help guide you through the process!
A probate attorney can help guide you through probate if your loved one left behind assets in Florida. They’ll also make sure that everything gets done properly, so nothing gets lost along the way. Easler Law is a fantastic option to consider.
They have been in this field for quite some time and are highly trusted. If you want to know more about them, you should visit The judge will oversee all legal matters related to probate as well as decide how much money/property goes where based on each family member’s needs and wants. This process can take several months, depending on how complicated things get.
Probate Is Unavoidable
Unfortunately, probate is often unavoidable. It can be avoided by having an estate plan in place that’s been signed by all parties involved and filed with your county clerk before you die; however, if you don’t have one in place or your heirs are unable to locate it after your passing (or if someone else has possession of it), then probate may be necessary.
The goal of estate planning is to make sure that everything goes smoothly after death by providing instructions on how best to distribute property and other assets without having to go through court proceedings with lawyers present every step of the way. Having an effective estate plan also allows executors or administrators appointed through wills or trusts access.
The Florida Probate Law
Probate law is complicated and can be costly. If you want to avoid probate, you should consider using a trust. Trusts are a good way to avoid probate because they can provide a source of income for your family members after your death, and they also protect assets from creditors and prevent property disputes among heirs.
Trusts can be used as a way to avoid probate administration, but it’s important that you consult an attorney when creating or revising your estate plan so that you don’t create an invalid trust agreement or one that doesn’t comply with Florida law.
But unfortunately, not everyone can plan for everything. So, the question arises: what is Florida’s probate law? Here it is:
There are two types of probate administration in Florida:
1. Formal administration is also called formal probate. This is the standard process for distributing property from a deceased person who left behind a will.
The executor of the will is asked to distribute the property according to the will’s instructions. The beneficiaries then receive notice that they must object to any changes made by the executor if they disagree with how their share was divided up.
2. Summary administration is used for assets that have a combined value of less than $75,000. It can also be used when the owner has been deceased for more than two years and only if the total cost of the assets is lesser than the cost of completing probate.
A petition for the Summary Administration form has to be filled out and submitted. In layman’s terms, this option is for those assets that yield less monetary value. So, it can be said that it is a longer version of a normal probate hearing.
3. Disposition with administration means that no probate hearing at all is required because no real estate was left behind by the deceased or because there was only a small amount of total assets left behind by the deceased—so little that it would cost more money than it was worth to go through probate court.
Commonly Asked Questions
Is probate required for all estates in Florida?
In Florida, a probate is necessary if the deceased had no will or trust. When someone dies without a will or trust, their assets are distributed according to the state’s laws of intestacy.
Probate is also not required when there is a beneficiary designation on a bank account or annuity contract. Those specific assets are not included in the probate process.
What type of assets have to go through the probate process?
All assets, including property, bank accounts, life insurance policies, and retirement accounts, which were not included in a will, or trust, will go through the probate process.
The exception to this is assets that are owned jointly by you and your spouse — these will pass automatically to your surviving spouse without going through probate court at all.
How much time can a probate process take?
A probate process can be a long one. It can take up to a year, depending on the circumstances. Factors such as disputes from beneficiaries and other delays can add months to the process. But even so, it will usually take at least six months before you are able to access and liquidate your deceased loved one’s assets.
Is an attorney required for probate law?
Probate law is a complex area of the law, and it can be difficult to navigate without professional help. An attorney is mandatory when you are dealing with probate issues, but it’s important to choose an attorney who has expertise in this area.
One great firm is Easler Law. They will be with you every step of the way, and they will help you get through your probate process as quickly and easily as possible.
Probate may be a necessary part of the estate planning process, but it’s also an expensive one. In many cases, it’s possible to avoid probate altogether by setting up a revocable trust or using other probate avoidance tools.
