When you lose a loved one, the last thing you want to do is to have to handle the legal process of managing their estate. It can feel like a difficult duty imposed upon you when you’re in a period of grieving.
Understanding how the probate system works in Florida can make this difficult process slightly easier as it’ll help you to know what you should expect.
What are the three probate types?
Florida probate laws allow for the following three different types of probate:
- Formal administration
- Summary administration
- Disposition without administration
Which type will be appropriate is determined largely by the size of the estate and some other factors.
Formal administration is the most commonly used
For most people, this will be the appropriate probate administration process to use. The court will verify that the will is authentic and will allow the administrator to begin performing their duties. Anyone who wishes to contest the will then has the means to do so at this point.
Summary administration is for smaller estates
This is used in circumstances where the estate is less than $75,000 in value. The estate owner must have been deceased for at least two years which, in turn, means that creditors are barred from bringing a claim against the estate.
As this is usually a much simpler process, it can be completed more quickly than a formal administration.
Disposition without administration is for minimal estates
A Disposition of Personal Property Without Administration can be used where the deceased did not have any estate or the amount of the estate is less than the cost of a probate petition.
Handling the probate process can feel complex, especially if you’ve never had to work with the probate court before. Having help with the legal aspects can help to make a difficult time a little easier.