In Florida, there are three types of probate administration: formal administration, summary administration and disposition without administration. Whether you need to administer an estate or just need to understand what, if anything, needs to be done, our kind and compassionate probate attorneys will gently guide you through this process.
The attorneys at the Law Office of Cheryl Bucker, P.A., assist clients in Pompano Beach, Lighthouse Point, Lauderdale-by-the-Sea and the surrounding areas.
Formal Probate Administration
Formal probate administration is the process that people are most familiar with. Formal administration is required when the decedent has been dead for no more than two years and when the probate estate is valued at more than $75,000. The probate estate is made up of assets that were owned by the decedent and no one else, i.e., bank accounts, retirement accounts with no named beneficiary, or a house in the decedent’s name. Jointly owned property and property with a named beneficiary do not go through probate.
The formal administration process begins with a request to open the estate and name at least one personal representative. Next, a notice to creditors will be printed in a local newspaper. The creditors of the decedent’s estate have approximately 90 days to file their claims. Once this period lapses, the debts of the estate can be paid, and the remainder of the estate can be distributed. Upon completion, a petition for discharge must be filed, and the estate is closed.
As your lawyers, we will work closely with the personal representative of the estate, guiding him or her through the process and resolving any issues that may arise.
If an estate is worth less than $75,000 and the decedent has been deceased for at least two years, summary administration will likely be applied. Summary administration is generally a shorter process than formal probate administration, and typically applies to estates that do not have any financial obligations and do not have any real property.
Disposition Without Administration
This type of probate is only available for very small estates whose total value is not more than $6,000. The value of the assets must also be less than or equal to the funeral costs, which cannot be more than $6,000, and the cost of medical expenses incurred in the last 60 days of the decedent’s life.
Arrange A Complimentary Consultation Today
Our Pompano Beach probate attorneys understand how difficult it is to have to deal with the probate process while coping with the death of a loved one. Whether you need to administer an estate or just need to understand what, if anything, needs to be done, contact us online, or call us today at 954-773-8983 or toll-free at 888-392-5781 to schedule your free consultation.