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.