ProbateThere are four types of Probate procedures in Florida:
1. Formal Administration is required for estates involving more than $60,000.00. It requires an attorney to represent the Personal Representative. The Personal Representative must publish a Notice of Administration to identify creditors and should wait for a ninety day claim period prior to distribution of estate assets and closing of the Estate.
2. Family Administration is limited to estates with beneficiaries consisting of a spouse, lineal descendants (children or grandchildren) or lineal ascendants (parents or grandparents) and probatable assets with a value of less than $60,000.00. The persons who receive the estate assets remain liable to creditors of the decedent for two years after date of death. (Family Administration will be repealed 12/31/01)
3. Summary Administration can be utilized if the value of the estate is $25,000.00 or if the decedent is dead for more than two years. The persons who receive the estate assets remain liable to creditors of the decedent for two years after date of death unless a Notice of Administration is published. (The value of an estate qualifying for Summary Administration will rise to $75,000 on January 1, 2001)
4. If the decedent left very little assets, just enough to cover funeral expenses and medical and hospital expenses of the last 60 days of the last illness, it may be disposed of by a proceeding called Disposition Without Administration, and the Court may sign an order within a week or less.