Where to File your Florida probate?

If your loved one just passed away, a question often asked is where do I file their will?  Or, if there is no will, how do I start probate in Florida to get Letters of Administration?  

The first thing to understand is making sure you are filing the case in the proper venue.  Venue is the locality of a lawsuit and is typically chosen based on the subject matter of the case or where the defendant resides.  In matters of probate administration, Florida Statute Section 733.301 lays out the 3 options for venue.  The first two are the most common. 

Your first option, and the most common, for filing a will or starting probate is to file in the county in Florida where the decedent lived at the time of their death (F.S. §733.101(1)).  This is the only option if the person who died was a Florida resident.  

The next option is if the person who died did not live in Florida but owned real estate in this state.  In that scenario, venue is proper in any county where the decedent owned real property.  For example, if a decedent lived in New Hampshire and owned vacant land in Fort Lauderdale but also owned a vacation home in Orlando, venue would be proper as a non-resident in either Broward County or Orange County, Florida.  

Venue is important to understand because the Florida Statutes state that a will is ineffective until admitted to probate.  The best way to make sure that the probate administration process is handled correctly is to consult with an experienced Florida probate attorney.

If your loved one died and lived in Florida or owned property in Florida and you need help opening an estate, Rogers Law can help with your probate needs.  Please feel free to contact attorney Dena Rogers for an initial consultation.

The Basics of Florida Probate

What is probate and do I need to bother?

Probate is not a word many people hear until they are faced with the loss of a loved one.  Then, it will seem like everyone you talk to mentions it or other foreign words like letters of administration or letters of authorization.   However, a probate administration in Florida does not have to be a scary or overwhelming process.

A Florida probate is required when a person lived in Florida or owned property in Florida.  Property can include a house, bank accounts, stocks, bonds and other financial accounts, and vacant land.  

A Florida probate is required regardless of whether the person had a last will and testament or not.  In Florida, a personal representative (or executor as some call it) is required to have an attorney represent them in the Florida probate process.  In many cases, it may be a good idea for a beneficiary under a will to also have an attorney to make sure their interests are protected.

A formal Florida probate administration is required when the decedent has been dead for less than two years and when the value of the probate estate exceeds $75,000.  Also, it is better to utilize a formal probate administration if the decedent has many unpaid creditors.

A summary Florida probate administration may be an option when it appears the value of the entire probate estate in Florida, less the value of exempt property, does not exceed $75,000 OR the decedent has been dead for more than 2 years.

At Rogers Law, we strive to give every client the tools necessary to ensure a speedy Florida probate administration.  An average probate takes between 4-6 months to complete, not the year-long battles you often hear horror stories about.  Attorney Dena Rogers handles a lot of the burden for you.  As personal representative, there are certain matters that only you can handle and attorney Dena Rogers will give you the tools you need to handle those matters.  You are not expected to handle this alone.

If you are faced with the loss of a loved one and believe you need to start the probate process but do not know where to go next, fill out the contact sheet or call attorney Dena Rogers directly at (727) 900-5611 to get your questions answered and the help you need during this difficult time.

What the Heck?! | Estate Planning Edition

• What the heck is an estate?

Probate is the court-supervised process of identifying and gathering the assets of a decedent, paying the decedent’s debts and distributing the balance of the assets to the decedent’s beneficiaries (testate) or heirs (int

• What the heck is an estate plan?

An estate plan is just that…a plan to determine how you want your estate distributed upon your death.  It can be as simple as a couple-page last will and testament or more complex utilizing a revocable living trust or other similar planning tools.  

• Why the heck do I need one anyway?

Proper estate planning takes the guess work out of handling your final affairs.  It also sets guidelines for your loved ones and provides certain warranties and allowances not otherwise given without court order to finalize your affairs, sell your property, and otherwise distribute your assets to your intended beneficiaries.  

• What the heck are my options and how do I choose?

Last Will and Testament -  A last will and testament is a valuable tool that allows you to direct who receives your assets and property when you die. It also can direct who you choose to care for your minor children if you pass away before they are adults.  Without a will, the law decides and, depending on your personal family situation, that may not coincide with your actual wishes.  If it’s not written down, it doesn’t count!  The law will not uphold what you told your family you wanted once you pass away.  Don’t let the law dictate how your legacy should be divided.

Revocable Living Trust - A trust is an agreement that creates a separate entity that is created to help your beneficiaries avoid the costs associated with probate and help ensure your assets are transferred and distributed more efficiently and effectively.  A trust can provide conditions for beneficiaries so they do not receive certain gifts outright if it is not in their best interest to do so.

Choosing between a will or a trust will depend on your unique situation.  Attorney Dena Rogers will listen to you and help you decide which is better for your family.  Call (727) 900-5611 today to get answers to your Florida estate planning questions. 

What the Heck?! | Probate Edition

• What the heck is probate?

Probate is the court-supervised process of identifying and gathering the assets of a decedent, paying the decedent’s debts and distributing the balance of the assets to the decedent’s beneficiaries (testate) or heirs (intestate).

Probate is required in Florida anytime a person dies owning property in his or her individual name.

• What the heck is a formal probate administration?

A formal probate administration is required when the decedent has been dead for less than two years and when the value of the probate estate exceeds $75,000.  Also, it is advantageous to utilize a formal probate administration if the decedent has many unpaid creditors.

• What the heck is a summary probate administration?

A summary probate administration may be used for either a Florida resident or non-resident if the decedent’s entire probate estate in Florida, less the value of exempt property, does not exceed $75,000 OR more than 2 years has passed since the date of death.

• What the heck is Letters of Administration?

Letters of Administration is a legal document, signed by a judge, authorizing a person(s) to act on behalf of a decedent’s estate.  This person is known as the personal representative (otherwise known as executor).  

If a person owned assets in their individual name a the time of their death, Letters of Administration are required in order for the personal representative to transfer assets to an estate for administration purposes.  

• What the heck is an ancillary probate administration?

An ancillary probate administration is required for non-residents who own property in the state of Florida.  First, a probate administration is opened in the county and state where a person was a resident at the time of their death and then a probate administration can begin in Florida if the decedent owned real property here that needs to be transferred through probate to the beneficiaries of the estate.  

• What the heck does testate mean?

Testate simply means a person died leaving a valid last will and testament and that document will be presented to the court and admitted as a legal document in which to carry out the decedent’s wishes regarding their distribution of property.  The persons named in the document to receive the assets of the decedent are beneficiaries and have certain rights throughout the probate administration.  

What the heck does intestate mean?

Intestate means that a person died without a valid will and, therefore, the law will determine who the decedent’s heirs are and how their assets are to be distributed.  Those heirs, once determined, also have rights throughout the probate administration.

Most people only have to go through the process of probate once in their lives.  It can be a confusing time and you are not expected to be an expert in the area of probate, that is why there are licensed attorneys like Dena Rogers to help.  Don’t try to do it alone, contact Rogers Law or call (727) 900-5611 to get the process started.

Myth-Busting Florida Probate

Myth # 1 - Probate is a “bad thing”

Fact - Probate can be a very good thing for most people in most situations.  The legal process, known as probate, in Florida makes sure that your assets, such as money, cars, jewelry, and real estate, are passed to the people you intend for them to once you pass away.  Also, it  makes sure that any potential creditors are properly handled and limited to 90 days to file a claim against your estate for payment of any final expenses.  Without probate, creditors can come after your loved ones for 2 years seeking payment.

Florida requires an attorney for a formal probate administration to help navigate the rules and make sure all the laws are followed properly.  Attorney Dena Rogers helps explain everything in simplified terms to help make sure you understand the complex legalese and to make sure you feel comfortable and knowledgeable during this very stressful time.  

Myth # 2 - Probate can take years!

Fact - In Florida, the law requires a probate administration to be completed within one year, unless an extension is requested and granted by the judge.  Typically, a Florida probate administration can be completed within 6 months from start to finish.  Attorney Dena Rogers makes sure creditors are notified quickly to start the 3-month time period for filing a claim and once that time is over, works diligently with her clients to finalize any loose ends and ensure distributions are made and the probate can close.

Myth # 3 - A formal probate is always required

Fact - In Florida, the law states that if a person has been dead over 2 years or the value of the estate, less exempt assets, is less than $75,000.00, then a summary probate administration can be used to simplify and shorten the probate process.  

Each case is different but if possible, I advise my clients to consider a summary administration to save them time and money.  If a formal administration is required or better suited in your case, due to creditors or the value of the estate, attorney Dena Rogers will still do her best to make sure your administration is handled quickly and preserve as much of the estate assets as possible so you, as the beneficiary, end up with the distribution your loved one intended for you.

Have questions?  Need to start the probate process?  Contact attorney Dena Rogers and rest assured you will work with an attorney who has the experience you need and will be given the attention you deserve.  Call (727) 900-5611 today for your free initial consultation.