Probate is the Legal process of distributing a person’s assets after they pass away. If you do not have a Will, your assets will be distributed according to the Florida Rules of Intestate Succession. We cover this issue in our section on Estate Planning. If you do have a Will, your Personal Representative will distribute your assets according to your wishes. There are three different types of Probate, as detailed below. We also provide information about non probate assets. Questions? Contact us today.
Summary Administration of Estate
If the Estate value is less than $75,000, exclusive of exempt (homestead) property, you can use the simplified and expedited process of Summary Administration of Estate. If the only asset is a homestead property (or, if the assets other than the homestead property do not exceed $75,000), it doesn’t matter how much the home is worth – you are eligible for Summary Administration! If it has been more than 2 years since someone passed away, you are eligible for Summary Administration regardless of the value of the Estate.
Summary Administration is much less expensive than Formal Administration, and, it is typically concluded in around a month. Formal Administration, in the best case scenarios, can take anywhere from 6 months to nearly a year.
We can also prepare the paperwork for an Ancillary Summary Administration. Ancillary means that a Probate case is before the Court in another State, however Florida property is part of the Estate. For example, a Probate case is ongoing in Colorado, but the decedent owned a vacant lot of land in Florida that needs to be sold in order to settle the Estate in Colorado. Whether you are an individual or a Probate Attorney from another State, we are here to help with your Ancillary needs.
Our flat rate fee for Summary Administration Legal Document Preparation is $749 without homestead property, and $899 with homestead property. This does not include the Court filing fee which is currently $345 in most counties. Compare our cost with Attorneys – at the last Law Office we worked at, the Attorney charged $3,500 (although this included the $345 filing fee) for a Summary Administration!
You do not need to be in Charlotte or Sarasota County to take advantage of our low prices. We can handle Summary Administration in any county in the State of Florida, excluding Miami-Dade County. We are not attorneys and therefore, cannot provide Legal Advice or a Legal Opinion, however, we can provide Legal Information.
Disposition of Personal Property without Administration
Disposition of Personal Property without Administration is available for only very small Estates, of $6,000 or less in value. Final expenses paid out-of-pocket for a loved one are reimbursable by the Estate using this process.
Our flat rate fee for Disposition of Personal Property without Administration Legal Document Preparation is $349. This does not include the Court filing fee which is currently $231 in most counties.
We are not Attorneys and therefore, cannot provide Legal Advice or a Legal Opinion.
Formal Administration of Estate
Formal Administration is required if the value of the Estate exceeds $75,000, and it has been less than two years since the person passed away. And, you will need the services of an Attorney who specializes in Probate Law. Florida Law prohibits anyone other than an Attorney from performing the services of Formal Administration of an Estate.
Non Probate Assets
The following is Legal Information, and is not a substitute for Legal Advice. Non Probate assets include Real Estate or bank accounts held jointly, or in legal terms, “Joint Title with Rights of Survivorship”. Bank accounts that have a Designated Beneficiary (or beneficiaries), or indicated as “Transfer on Death” or “Payable on Death” are also Non Probate assets. Other Non Probate assets may include two motor vehicles, and furniture and furnishings in the primary home valued up to $20,000. We also offer Ladybird deeds, which is another legal instrument that helps people avoid Probate.