What You Need to Know About the Florida Probate Code

The Florida probate process is a legal procedure for settling debts and distributing assets. Many are unfamiliar with the ins and outs of the process, but when a loved one passes away, heirs need to learn quickly as probate is part of how an estate is settled. Talk to a Pompano Beach estate litigation lawyer to learn more.

When the Florida Probate Code Applies

A body of laws governing the administration of estates, the Florida Probate Code outlines the rules for validating wills, appointing personal representatives, distributing assets, and resolving disputes. These laws are found in the Florida Statutes and apply whether the deceased had a will (testate) or died without one (intestate).

The Code comes into play when an estate must go through formal legal procedures to transfer ownership of assets. Probate is required in Florida when:

• The deceased owned assets solely in their name (not in a trust or jointly held).
• There are outstanding debts to settle before asset distribution.
• A valid Will needs to be verified by the court.
• No Will exists, requiring assets to be distributed based on Florida’s intestacy laws.

Florida law provides different probate processes based on the estate’s size and complexity.

For example, formal administration is the standard probate process for larger estates, involving court supervision, creditor notification, and a personal representative handling asset distribution. A simplified probate option, commonly referred to as summary administration, is available for estates valued under $75,000 or when the decedent has been deceased for more than two years. Disposition without administration is a rare option for very small estates with minimal assets and no need for court oversight.

What Heirs and Estate Planners Need to Know

Probate can be time-consuming and costly. Because of this, it’s important to recognize that using trusts, joint ownership, or beneficiary designations can help bypass probate. Also, when setting up estate documents, be sure to fully understand the duties of personal representatives. Executors have legal responsibilities, including notifying creditors, managing estate assets, and filing necessary court documents.

Creditor claims and homestead protections could also be part of the probate process. For instance, Florida law requires estate representatives to notify creditors and allows creditors a specific period to file claims against the estate. Plus, state homestead laws are in place to protect a primary residence from being sold to satisfy most creditor claims, benefiting surviving family members.

While the Florida Probate Code provides a framework for estate settlement, probate litigation and estate disputes can arise. The code also allows heirs to challenge a will based on fraud, undue influence, or lack of mental capacity. Whether you are an heir contesting a will or a personal representative managing an estate, consulting an experienced Pompano Beach estate litigation lawyer ensures compliance with probate laws and protects your rights.

Do you have probate questions? For legal guidance on Florida probate matters, contact the knowledgeable Mark R. Manceri, P.A. Professionals are available to help you navigate the complexities of the process effectively. Schedule a confidential consultation today.