Creating And Protecting Your Legacy

Types of probate in Florida

On Behalf of | Oct 3, 2020 | Probate and Estate Administration |

It is useful during estate preparations that a person understands what will happen after he or she dies. Estates move into probate, but the process may vary depending on different factors. 

The Florida Courts state there are three types of probate in Florida, but only two of these are main formats the court will use most often. The court rarely uses the third type, but it is still important to understand what it is. 

First option

The first type of probate is a summary administration. This is for estates with a value of under $75,000. It also applies in cases where the person has been dead for two or more years. It still goes through the court and determines the legitimacy of the estate documents, transfers assets to heirs and closes out debts. However, this is a quicker process than the next type of probate. 

Second option

The second type of probate, according to the Florida Courts, is formal administration. It takes a bit longer than summary administration because it is for larger estates. All the same actions occur as with the summary type of probate. 

Third option

The last type of probate process, which is not really probate, according to the Florida Senate, is the disposition of personal property without administration. Since there is no oversight by the court, this is not a normal probate process. 

It is only available in situations where the estate only includes personal property. The value of the estate cannot be more than the costs of the last 60 days of medical expenses plus the costs for the funeral.