Probate FAQs
Probate is a legal procedure that most people are unfamiliar with until they are thrown into it unexpectedly at a time when they are dealing with the loss of a loved one and upheaval in their lives. Having an experienced probate attorney around to answer questions and handle some of the more complicated questions can be a blessing during this difficult time. See below for answers to some frequently asked questions about probate, and contact the skilled and knowledgeable Palm Harbor probate lawyer at Miaoulis Law for help with probate in Pinellas or Pasco County.
What is probate?
Probate is the legal process through which a deceased person’s estate is administered and distributed under court supervision. This process involves validating the will (if there is one), identifying assets, paying debts and taxes, and distributing the remaining assets to beneficiaries.
Do all estates go through probate in Florida?
Not all estates must go through probate. Some assets, such as those held in a trust, jointly owned property with rights of survivorship, and accounts with designated beneficiaries, can bypass probate. Additionally, estates that qualify for summary administration may go through a simplified probate process.
What are the different types of probate in Florida?
Florida has three primary types of probate:
- Formal Administration: The standard probate process required for most estates.
- Summary Administration: A simplified process available if the estate’s value is $75,000 or less (excluding exempt assets) or if the decedent has been deceased for more than two years.
- Disposition Without Administration: A process available for small estates with minimal assets that only cover funeral and medical expenses.
How long does probate take in Florida?
The duration of probate varies based on the complexity of the estate. Summary administration can take a few weeks to a few months, while formal administration can take six months to over a year, depending on factors like creditor claims, disputes, and court schedules.
How much does probate cost?
Probate costs vary based on the estate’s complexity. Typical expenses include court filing fees, attorney fees, personal representative fees, appraisal costs, and creditor payments. Florida law provides guidelines for reasonable attorney fees and personal representative fees based on the estate’s value. Fees are subject to court approval.
What happens if there is no will?
If a person dies without a will (intestate), Florida’s intestacy laws determine how assets are distributed. The estate typically passes to the surviving spouse and children. If there are no close relatives, more distant family members may inherit. The court appoints a personal representative to handle the estate.
Who is responsible for handling probate?
A personal representative (executor) is responsible for managing the probate process. If there is a will, the person named in it serves as the personal representative. If there is no will, the court appoints someone, typically a close family member.
Can probate be avoided?
Yes, probate can be avoided through proper estate planning. Strategies include:
- Creating a revocable living trust
- Naming beneficiaries on financial accounts
- Holding property jointly with rights of survivorship
- Using transfer-on-death or payable-on-death designations
What are the responsibilities of a personal representative?
The personal representative must:
- Locate and secure assets
- Notify creditors and pay debts
- File necessary tax returns
- Distribute assets according to the will or state law
- Submit required reports to the probate court
Can creditors make claims against the estate?
Yes, creditors have a limited time to file claims against the estate. In Florida, they generally have 90 days after receiving notice of probate to submit claims. The personal representative must review and either pay or dispute these claims.
What happens if someone contests the will?
A will contest can occur if someone believes the will is invalid due to fraud, undue influence, or lack of capacity. If contested, the court will review the evidence and may uphold or invalidate the will. This can lead to lengthy and costly legal proceedings. Have your will prepared by an experienced attorney, including any modifications or revocations of existing wills, to reduce the likelihood of will contests.
Do I need an attorney for probate?
Florida law requires an attorney for most probate cases, except for very small estates qualifying for disposition without administration. An experienced probate attorney can help navigate the process, ensure compliance with legal requirements, and address potential disputes.
How can Miaoulis Law help with probate?
Miaoulis Law provides compassionate and knowledgeable probate representation, helping personal representatives and beneficiaries navigate the legal process efficiently. Whether handling a complex estate or seeking to minimize probate involvement through estate planning, our firm offers trusted guidance. Contact us today for a consultation.