When a family member or loved one passes away, a Probate Administration will often be required to obtain the deceased person’s assets and to deal with their debts.

Probate is a court supervised process. The court case is usually opened in the county where the person died or where their residence was located on the date of death.

During this probate administration process, if the person left a Will the court will determine whether the Will is valid under Florida law. The court will also appoint a Personal Representative if the probate case has been filed as a “Formal Administration”.

“Probate assets” are initially identified and gathered by the Personal Representative. The Decedent’s probate assets will be used to pay for attorney’s fees and costs of the probate as well as debts and taxes owed by the Decedent.

If the deceased person left a valid Will, then the probate assets remaining after payment of costs and debts will be distributed in accordance with the terms of the Will. If there is no valid Will, then the probate assets will be distributed according to the specific requirements set forth in the Florida Statutes and other provisions of Florida law. Generally, this means that the probate assets will be distributed to close family members in a specific order of priority.

If the case has been filed as a “Summary Administration” then somewhat different rules apply. A Personal Representative will not be appointed, and the process will usually take less time than a “Formal Administration.”

Sometimes it is possible to avoid filing a Probate case at all. This depends upon the particular facts of each case as well as the type, and amount, of assets and debts.

An attorney is necessary to file a Probate case in Florida Courts. Please contact my office for a free initial consultation to determine whether you need a Probate and, if so, which type of probate process will be required in your particular matter.