If you need a Naples probate attorney or a probate attorney anywhere in Florida, we can help. Call for a free consultation at 239-963-2897. We can handle estates large and small. Call today to speak with an attorney.
Probate is the process of dealing with the assets and debts of a deceased person. While there are several forms of probate, the probate process generally includes:
- Establishing the validity of the will and getting it admitted into probate court.
- Appointing a personal representative.
- Making an inventory of the decedent’s assets.
- Handling all creditor claims.
- Disposing and distributing the assets of the decedent to his/her beneficiaries.
There are four different types of probate administration: formal administration, summary administration, ancillary administration, and disposition without administration. All of these types of administration have different qualifying standards. Consult with a Naples probate attorney today.
Formal administration is generally for estates valued at over $75k where the decedent passed less than two years ago or for any estate where the will dictated that probate would be done as formal administration. Sometimes it is wise to use formal probate administration even if the estate qualifies for a lesser administration. A good probate attorney is essential to the successful completion of formal administration.
Summary administration is a quicker process and is generally used for estates value at less than $75k or where the decedent passed more than two years prior. Summary administration can be for both residents and non-residents of Florida. Naples probate attorney Brantley Oakey can help you complete your summary administration quickly and easily.
Ancillary administration is needed for non-resident decedents whose domiciliary estate has already been probated the home state and who own property in Florida.
Disposition Without Administration
Disposition without administration is for estates with only personal property of little value. and the property is either (1) exempt under certain Florida laws; (2) exempt from the claims of creditors as part of the homestead under the Florida Constitution; or (3) worth no more than the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last sixty days of the decedent’s last illness.
Call Naples Probate Attorney Brantley Oakey Today at 239-263-2897 For a Free Consultation or Fill Out Our Web Form, and We’ll Call You.
IS A PROBATE ATTORNEY NECESSARY TO PROBATE AN ESTATE?
Yes, most of the time. However, even in those cases where having an attorney is not required, it is still wise. The Florida probate rules are complex, and attempting to navigate them on your own will most definitely end up in significant delays and may possibly end up in further litigation, loss of assets from the decedent’s estate, etc.
WHAT ARE PROBATE ASSETS?
Probate administration only applies to probate assets. Probate assets are those assets that the decedent owned in his or her sole name at death, or that were owned by the decedent and one or more co-owners and lacked a provision for automatic succession of ownership at death. Contact Naples probate attorney Brantley Oakey for more questions about which assets will need to be probated.
WHY IS PROBATE NECESSARY?
Probate is necessary to pass ownership of the decedent’s probate assets to the decedent’s beneficiaries. If the decedent left a valid will, unless the will is admitted to probate in the court, it will be ineffective to pass ownership of probate assets to the decedent’s beneficiaries. If the decedent had no will, probate is necessary to pass ownership of the decedent’s probate assets to those persons who are to receive them under Florida law.
Probate is also necessary to wind up the decedent’s financial affairs after his or her death. Administration of the decedent’s estate ensures that the decedent’s creditors are paid if certain procedures are correctly followed.
WHO CAN BE A PERSONAL REPRESENTATIVE?
The personal representative in the probate process can be an individual, or a bank or trust company, subject to certain restrictions.
To qualify to serve as a personal representative in the probate process, an individual must be either a Florida resident or, regardless of residence, a spouse, sibling, parent, child, or other close relative of the decedent. An individual who is not a legal resident of Florida, and who is not closely related to the decedent, cannot serve as a personal representative.
A trust company incorporated under the laws of Florida, or a bank or savings and loan authorized and qualified to exercise fiduciary powers in Florida, can serve as the personal representative. If you have any other questions about personal representatives, contact Naples probate attorney Brantley Oakey today.