What is Probate?

Probate is simply the process by which property that is in a person’s name at the time of their death, also known as their estate, is transferred to the people legally entitled to receive the estate property.  These beneficiaries of the property are determined by whether the decedent left a valid Will or Trust and, if not, then through the Intestate Statutes of Florida.

In Florida, probate can take a number of different forms.  The two most common types of probate in Florida are Formal Administration and Summary Administration.  The determining factor in which type of probate the estate must use is the value of the estate.  If the assets that constitute a person’s estate are generally greater than $75,000, then the estate must go through Formal Administration.  If the assets that are subject to probate in Florida are less than $75,000, then the expedited method of Summary Administration can be used.

It is therefore important to determine what assets are considered part of a decedent’s estate under Florida law.  Not all assets that are in a person’s name at the time of their death are counted as part of their estate.  The laws of Florida provide for numerous exemptions, so it is imperative that you seek the advice of a probate attorney.  An experienced lawyer can make the process go quicker and with less stress.  The law office of Paul J. Burns would appreciate the opportunity to assist you through its personal and professional service.