Probate

If you’re looking for a Naples Probate Attorney, chances are that you have had a loved one recently pass, and you are trying to navigate the probate process. What is probate? Probate is the legal process that occurs after someone passes away, where the court oversees the distribution of their assets and settlement of their debts. In the State of Florida, there are primarily two types of probate administration: formal administration and summary administration.

Formal administration is the traditional probate process used when the deceased individual owned assets solely in their name and the value of the estate exceeds $75,000. In formal administration, a personal representative, often named in the deceased’s will, is appointed by the court to manage the estate’s affairs. The personal representative is responsible for identifying and gathering the deceased’s assets, paying off debts and taxes, and distributing the remaining assets to beneficiaries according to the will or Florida law.

Summary administration is a simplified probate process available when the value of the estate is less than $75,000 or if the deceased passed away over two years ago. It involves fewer court procedures and is generally faster and less expensive than formal administration. However, it’s important to note that not all estates are eligible for summary administration.

Additionally, there is another type of probate process called “Disposition of Personal Property Without Administration.” This is available only under certain circumstances, such as when the deceased’s assets consist solely of personal property (excluding real estate) and the value does not exceed the cost of funeral expenses and certain medical expenses.

Navigating the probate process in Florida can be complex, and having the guidance of an experienced probate attorney can ensure that the process is handled efficiently and in accordance with the law. Our law office specializes in probate services, offering expert assistance to clients throughout the entire probate process, whether it be formal administration, summary administration, or other related matters.

The Law Office of Brantley Oakey
780 5th Ave South, Ste. 200
Naples, FL 34102