15 Jul What is Probate?
Probate, also referred to “estate administration,” is a court process that transfers assets owned by a deceased person to living people. When someone dies in Florida the property they own is passed to their family or, if they have a will, to the beneficiaries named in the will. In probate, the person who died is referred to as the “decedent.” Anything that the decedent owned when they died is collectively referred to as the “estate.” An estate can contain bank accounts, real estate, vehicles, guns, tools, jewelry, or any other item owned at the time of death. If a decedent had a valid will, that document directs who will be in charge of the probate process and who will receive the decedent’s assets upon their death. If a person did not have a will, their estate will be divided among their next of kin (the intestate heirs). We will discuss what happens if you die without a will in Florida in a later post, but I have recently posted THIS VIDEO summarizing the relevant statute.
Probate is needed even when a decedent has a valid will. When someone dies with a will, a probate judge must “admit the will” to probate by finding that the will is valid. We will discuss the requirements of a valid will in a later discussion. The probate judge can only transfer property according to the will after the estate is opened in court. Remember, a will without probate is just a piece of paper.
In legal terms, “beneficiaries” are people named in a will, and “heirs” are the next of kin who receive property when there is no will. Whether a decedent died with or without a will, the court’s priority is to ensure that the correct beneficiaries/heirs are identified to receive property.
There are two types of probate administration in Florida, formal administration and summary administration. Summary administration is a more simple process, while formal administration is required for certain estates that need the services of a personal representative or are too large for summary administration.
When the beneficiaries or heirs of the decedent’s estate are identified and the correct probate documents are submitted to the court, the judge will sign orders allowing property to be transferred. Prior to property being distributed, the probate judge must be satisfied that all interested parties have received proper notice, that eligible estate creditors have been paid, and that any disputes among the beneficiaries are resolved.
Chapters 731-735 of the Florida Statutes contain the probate laws for our state, however each county in Florida has specific requirements that must be met before the probate court will allow a case to move forward. The Covid-19 pandemic changed the way that many probate courts operate, and . While most judges have transitioned to holding hearings by video conference and Florida utilizes electronic filing, probate dockets in Florida have become slower recently. Genesis Law, PA has experience navigating the estate administration process in every Florida county in order to efficiently secure court orders.
If you have lost a loved one who either was a resident of, or owned property in the the State of Florida, and need assistance with Florida Probate, CLICK HERE, to schedule a consultation with a Florida Probate Attorney.
We serve clients throughout Florida, including, but not limited to, those in the following localities: Alachua County including Alachua, Archer, Gainesville, Hawthorne, High Springs, and Newberry; Bay County including Panama City
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