Daytona Beach Estate Planning Law Firm

The Probate Process

Estate planning lawyers of Cromartie & Cromartie, P.A. in Daytona Beach explain how probate works to help those who want to better understand this complex legal process.

Probate is the method where a will or intestate estate (the property of someone who died without a will), is processed through the state to change the legal title of items and to clarify exactly what is in the estate.  In Florida probate, the will and other documents are filed with the Circuit Court, which then oversees the process of identifying and collecting assets of the decedent (the person who died), paying creditors and taxes, and distributing assets to the beneficiaries under the will or if there is no will, according to state law. 

The Probate Procedure in Florida

The probate procedure is led by the personal representative of the estate (called the executor in other states) who has been appointed by the decedent in the will and confirmed by the court.  If no personal representative has been chosen or if there is no will, the court will appoint someone to be “in charge” of the estate for matters of probate.  In Florida, most personal representatives are required to be represented by an attorney.  Both the personal representative and the attorney are paid by the estate before distribution.

There are three primary types of probate in Florida: probate, summary administration, and disposition without administration.  Summary administration is a shorter form of probate, available  to estates worth $75,000.00 or less that have all debts paid, and have no objections from creditors.  Beneficiaries who receive assets under summary administration are liable to creditors of the estate for two years following close of the administration.  Disposition without administration is available only to very small estates under limited circumstances.

Ways to Avoid Probate

There are ways to avoid probate.  These include holding property jointly under title that allows for succession to the survivor in case of death, and the creation of trusts.  An estate attorney can advise you about the ways to avoid probate and help you create the appropriate legal instruments.

AARP has recognized Florida as one of the most expensive estates in which to probate an estate.  Click here for more info.  

Contact Us for Probate Help in Florida

If you would like advice on ways to avoid probate or help with probate, call the Daytona Beach, Florida estate attorneys of Cromartie & Cromartie, P.A. at 386-615-9521, or complete our web form.