The firm of Elizabeth J. Barber, P.A. can handle probate matters in all 67 Florida counties.

We are happy to help with all of your Florida probate needs so please contact us today for a consultation. Zoom meetings or video conferencing are available.

Not all estates require probate. It is important to note that each estate is different as it reflects the life story of a deceased individual.

Each situation requires the consultation and services of an experienced Florida probate attorney to determine whether probate applies or not. Call us for a consultation today!

What is Probate

Florida Probate is a court-supervised process for identifying and gathering the assets of a deceased person or the “decedent”, paying the decedent’s debts, and distributing the decedent’s assets to his or her beneficiaries. The process is governed by Florida laws known as the Florida Probate Code found in Chapters 731 through 735 of the Florida Statutes.

Types of Probate

There are two types of probate matters under Florida law: formal administration and summary administration.

Formal Administration

Formal administration, or full probate, is required where assets left in the sole name of the decedent exceed $75,000 in value and where the decedent died less than 2 years ago. Also, some asset holders, such as banks, require the appointment of a Personal Representative and Letters of Administration issued from a Florida court in order to liquidate and distribute accounts. This requirement from a financial institution necessitates formal administration.

Summary Administration

Summary administration, or a simplified and shorter version of probate, can be utilized where assets are below $75,000 in value or where the deceased individual died more than 2 years ago.

What are Probate Assets

Probate assets are those assets the decedent owned in his or her sole name at death. They can also be assets that were owned by the decedent and a co-owner where the asset lacked a provision for automatic transfer or succession of ownership to a beneficiary or to the co-owner.

Probate assets could include:

• A bank account or investment account in the sole name of a decedent
• A life insurance policy, annuity, or IRA payable to the decedent’s estate instead of to a named beneficiary
• Real estate titled in the sole name of the decedent, or in the name of the decedent and another person as tenants in common
• Business assets in the sole name of a decedent
• Vehicles and other personal possessions of the decedent

Why Do We Need Probate

The probate process is necessary to pass ownership of the decedent’s sole assets or those assets in the individual name of the decedent alone to the decedent’s beneficiaries even where the decedent had a Last Will and Testament or a Trust. Probate also serves to finalize the decedent’s financial affairs after his or her death. Administration of the decedent’s estate ensures that the decedent’s creditors are either paid or are barred from collection when certain procedures are correctly followed.

Where is Probate Filed

Probate proceedings are filed with the clerk of the circuit court in the Florida County where the decedent died or owned real estate. The firm of Elizabeth J. Barber, P.A. can handle probate matters in all 67 Florida counties.

We are happy to help with all of your Florida probate needs so please please contact us today for a consultation. Zoom meetings or video conferencing are available.