Probate is the legal process that occurs after your death to pass title to your assets and to resolve any outstanding debts. Probate Administration involves issues and concerns that may not be apparent to the deceased’s beneficiaries. Often, beneficiaries may not know where to start, what needs to be filed and what can or cannot be done after a loved one passes. By hiring a competent Trust and Estate Attorney, guidance can be given to help navigate and complete what needs to be done to close an estate and allow your family to focus on dealing with the loss of a loved one.
Types of Probate:
- Estate Under $50,000 Within Two Years of Death
If two years has not passed from the date of death of the non-resident, and should the estate be less than $50,000.00, then the Florida lands may be cleared through another Summary Procedure wherein the foreign exemplified copy of will, order admitting documents to record, the Letters or their equivalent, the part of the record showing the names of the devisees and heirs may be permitted to be recorded in the county where the Florida land is located.
- Summary Administration – Under $75,000
Should real estate form part of the Florida estate of the non-resident or resident and the value of the property not exempt from claims of creditors does not exceed $75,000.00, (over the amount of the exempt Homestead located in Florida) OR the decedent has been dead for more than two years, then a Summary Administration may be taken.
- Full Ancillary Administration
When the non-resident of Florida dies leaving assets including real estate in excess of $50,000.00, and cannot qualify for a summary procedure, then it is necessary to open a full Ancillary Administration.
- Probate Non-Resident – Foreign Personal Representative Foreign Will to Probate After Two Years from Date of Death
Many estates have already been opened through a probate proceeding outside of Florida called “Domiciliary Proceedings”. Nonetheless, without any proceeding at all, a Personal Representative appointed in the non-Florida jurisdiction may present a certified copy and other documentation to be recorded in a Florida county which will then permit the foreign Personal Representative to satisfy mortgages of record or make modifications therein
- Post Death Trust Administration
It is necessary to file a Notice of Trust with the Clerk of Court, within reasonable period after the death of the settlor. This office can provide both checklists on an informal or formal basis to your clients and to the successor trustees nominated in the trust.
To speak to an attorney about your legal matter, please contact Neaher Law today.
Attorney at Law offering Estate Planning, Probate, Family Law, Bankruptcy, HOA/Condo Law and Legal Services in Fort Myers, Cape Coral, Bonita Springs, Lee County, Collier County, Port Charlotte County and all of Southwest Florida.