Florida probate procedures are required in two situations: (1) when the deceased individual was a Florida resident with assets in Florida; or (2) the deceased individual was not a Florida resident but assets owned by the deceased are situated in Florida.
While formal administration is the norm, Florida does provide a quicker and sometimes easier Summary Administration. Summary administration is allowed when the assets of the deceased individual are less than $75,000.00 or when the deceased individual has passed away more than two (2) years.
Probate administration is only required when the deceased individual has probate assets. Determining which assets are subject to probate can be a complicated matter. Generally speaking, probate assets are those assets that are owned solely by the deceased at the time of his or her death.
Any assets jointly owned with right of survivorship or that indicate a designated beneficiary, such as a life insurance policy, are not subject to probate administration. It is important to find a qualified Florida probate lawyer who can help you navigate the probate process and determine what your rights and responsibilities may be.
The Bauer Law Office, P.A. is a Miami law firm providing comprehensive legal representation on probate matters to clients throughout the state. In Florida, probate is a court-supervised process of identifying and gathering the assets of a deceased person, identifying debts of the deceased individual, and finally distributing all assets to beneficiaries of the deceased individual. Our law firm will treat you and your family with respect as we help guide you through this difficult time.