Probate is the process by which a decedent’s bills are paid and his remaining assets transferred to his beneficiaries or legal heirs. This process differs from state to state, but usually involves the supervision of the local circuit or superior court sitting in its probate capacity. In Florida we have only the circuit courts oversee probate.

Probate is divided into several different categories, depending on the assets of the estate. If the assets are less than $25,000.00, or if the decedent has been dead more than two years, a Summary Administration is filed. This type of estate requires filing only a few legal documents and can usually be completed in a month or two.

If the assets are less than $60,000.00 and consist of personal property only, then a Family Administration may be filed. Like the Summary Administration, this is a relatively quick procedure.

If the assets are over $25,000.00 or if the assets consist of real property, a formal administration is usually filed. This type of probate is the lengthiest and most complex, but it is the one most frequently used when a person dies.

Probate involves many considerations and it is not possible to address all of them here. Hopefully, this has answered a few of your general questions. We at Staack, Simms & Hernandez thank you for visiting our website. Please phone, write or e-mail if we can be of any further service to you.