FLORIDA FORMAL PROBATE
Probate is a court-supervised process for identifying and gathering the deceased’s assets; paying taxes, dealing with claims and expenses; and distributing assets to beneficiaries.
The Florida Probate Code is found in Chapters 731 through 735 of the Florida Statutes. There are a number of different types of Florida probate.
Florida formal probate
This is generally not required where either the total value of the Florida estate is less than $75,000, or where two years have elapsed since the date of death of the deceased.
Florida summary Administration
This is an abbreviated form of probate in which no personal representatives are appointed by the court. The court issues orders directly distributing the assets. Unlike the case in Formal Probate, there is no person authorised to search for assets, demand information from entities, or to negotiate with creditors on behalf of the estate. Essentially, the petitioners can only receive the identified shares and assets.
Eligibility: Estates with assets valued at $75,000 or less (OR where more than 2 years have passed since date of death) can be put through Summary Administration.
Florida probate matters can vary greatly.
We have valuable experience in dealing with the ancillary and domestic Florida probates of British, Irish, and other European citizens. Our office is able to assist you with these matters and provide comprehensive advice.
In probate cases, domestic firms have informed foreign nationals that expensive & lengthy formal probate was their only option when in fact summary probate or the admission of a foreign probated was all that was required.
We have provided a link below for a brochure prepared by the Florida Bar (effectively the UK equivalent of the Law Society and SRA).
RELEVANT FLORIDA CONSUMER PAMPHLETS FROM THE FLORIDA BAR