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Florida Probate Court: An Overview

Loune-Djenia Askew, Esq.

Jul 19, 2024

Here’s a straightforward guide to help you understand the basics of Florida probate.

Probate process can be challenging, especially during a time of loss. Understanding how the Florida Probate Court operates can help ease this burden. Here’s a straightforward guide to help you understand the basics of Florida probate.


What is Probate?

Probate is the legal process of administering a deceased person’s estate. This involves validating the will, paying debts and taxes, and distributing the remaining assets to beneficiaries. In Florida, probate is overseen by the circuit court in the county where the deceased person lived.


Types of Probate Administration in Florida


Formal Administration

Formal administration is the standard probate process used when an estate’s value exceeds $75,000 or if a personal representative is needed to manage the estate. This process involves:


1. Filing a petition with the court.

2. Appointing a personal representative.

3. Notifying creditors and beneficiaries.

4. Paying debts and taxes.

5. Distributing the remaining assets.


What is Summary Administration?

It is a simplified probate process for smaller estates valued at less than $75,000, or when the deceased has been dead for more than two years. This process is quicker and less costly, as it does not require the appointment of a personal representative.


What is Disposition Without Administration?

This process is available for very small estates where the only assets are exempt from creditors' claims, such as household furnishings and personal effects, or where the final expenses do not exceed the value of the estate. It is the simplest form of probate and involves minimal court involvement.


Understanding the basics of Florida Probate Court can help you with the process more confidently. Whether dealing with a formal administration, summary administration, or disposition without administration, knowing what to expect can make a significant difference. Always consider consulting with a probate attorney so that the process is handled correctly and efficiently. 


For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.


Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.

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