There are two primary types of probate proceedings in Florida, a formal administration and a summary administration. A summary administration is available if the person has less than $75,000 in assets or has been deceased for two or more years. There’s also what’s called an ancillary probate. An ancillary probate is where the person may have owned real estate in Florida but died in another state. Any time you own real estate, a probate must be [inaudible 00:00:34] in the county where the real estate’s located to affect the change of title.

If you die without a will or a trust, you are considered to have died “intestate”. What that means is that the Florida statutes will then determine how your property is distributed after your death.

There are different types of probate in Florida. A formal administration are the most common type of probate. A formal administration typically will take nine months to a year. Summary administration is available for smaller estates or if the person has been deceased for two or more years.

You must have the original will in the state of Florida for it to be a valid will. There are other ways of establishing a lost or destroyed will, but the law presumes that if you cannot find the original will, that the person that created the will intended to destroy it or revoke it.

All property does not have to go through probate when a person dies. You can establish a trust to avoid probate. You can use different forms of real property ownership to avoid probate such as tenancy by the entireties, or joint tenants with rights of survivorship. Certain retirement plans and life insurance avoids probate. It’s important to seek the advice of an experienced estate planning attorney to determine what assets you have that may have to go through probate, and what assets you have that are exempt from probate.

It’s important to know that the personal representative typically is not personally responsible for these debts, however there is a very complex and strict system in the order in which debts are paid. Certain creditors have priority over other creditors, so it’s important to have an experienced probate attorney on your side to help you navigate the waters.

It’s important to review an attorney’s experience and qualifications in the area which you’re intending to hire them. For instance, if you’re looking for a residential real estate attorney, have they been involved in a lot of real estate deals? What experience do they have with real estate litigation? It’s also a good idea to have someone you’re compatible with personality wise. The attorney-client relationship is very important, and attorney and client must trust each other to come up with the best outcome.

Formal administration makes up the vast majority of probates, but there are other alternatives. A person can do a summary administration if the decedent had less than $75,000 in assets minus any exempt assets, or has been deceased for two or more years. There’s also a very abbreviated process for a person that had no real assets. In that case, the small amount of assets available can be used to cover funeral expenses.