Understanding the Different Types of Probate

Probate can be a very complex process to navigate. This is particularly true when people have to go through it after losing someone they love. One of the first steps is to determine which type of probate you need to go through, as there are several in Florida. The type of probate will depend on the complexity of the estate, the value of the assets in the estate and the financial situation and resources of the decedent.

Choosing the right option ensures that property is transferred efficiently and can reduce expenses. Below, our Tampa probate lawyer outlines the different types of probate in the state.

Formal Administration 

Formal administration is the most common type of probate in Florida. Formal administration is necessary when the deceased individual passed away less than two years before probate is filed and when the estate is valued at more than $75,000. Formal administration is also most appropriate for complex estates, when there are disputes among beneficiaries, and where there is property in the estate that requires court oversight, such as the sale of real estate. There are many steps in formal administration such as appointing a personal representative, proving the will if there is one, administering the estate with the oversight of the court.

Summary Administration 

Summary administration is a simpler type of probate. Summary administration is possible when the deceased individual passed away more than two years before probate was filed or the value of the estate is $75,000 or less. There are fewer steps during summary administration. For example, a personal representative is not used and so does not need to be appointed. Instead, any interested party can file probate in these cases.

Ancillary Administration

Ancillary administration is reserved for individuals whose estates are being administered outside of Florida but owned property in the Sunshine State as real property must administered by the Court in which it is located.

Disposition of Personal Property Without Administration 

Disposition of personal property without administration is not really a type of probate at all. It only applies to very small estates, particularly those in which the total value of property, excluding any exempt property, is less than the total of the final expenses of the estate administration such as funeral expenses and medical bills. When property in an estate does not have significant value and hiring a lawyer is not practical, disposition of personal property without administration is the most convenient option. Instead, beneficiaries petition the court to ask to be reimbursed for any out-of-pocket expenses they paid.

Our Probate Lawyer in Tampa Can Help You Through the Process

At Messina Law Group, P.A., our Tampa probate lawyer can help you determine which type of probate is most appropriate for your case and help you navigate the process so it is as easy as possible for you. Call us today at (813) 492-7798 or chat with us online to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html