Florida Estate Planning Lawyer Blog
There are 4 types of probate in Florida
1) Disposition without Administration.
This type of probate can only be used when the assets are less than the funeral bills and last medical expenses. This is available only if estate assets consist solely of property classified as exempt from the claims of the decedent’s creditors by applicable law and non-exempt personal property, the value of which does not exceed the total of:
- up to $6,000 in funeral expenses; and
- the amount of all reasonable and necessary medical and hospital expenses incurred in the last 60 days of the decedent’s final illness.
Very few estates will qualify for this type of disposition. The steps involved in a Disposition without Administration are preparing documents and filing them along with a copy of the paid funeral bill.
The current court costs are $231 and the legal fees for this type of probate are the lowest of the three types of probates.
The approximate time frame is less than 30 days.
2) Summary Administration.
This type of probate can only be used when the total value of the assets subject to probate are $75,000 or less, or when the decedent has been dead for more than two years. The steps involved in a summary administration are preparing the documents, publishing notice to creditors, determining homestead (if applicable) and having the funds distributed to creditors and beneficiaries per the court order.
The current court costs are $345, and publication costs range from $30 to $300 depending on the county and newspaper (most are around $150).
The approximate time frame is three to five months unless extraordinary circumstances such as a will contest occur. The estate cannot be closed while litigation is pending.
3) Formal Administration.
This type of probate is for all other estates or whenever a personal representative is required for other purposes. The steps involved in a formal administration are preparing the documents, getting a personal representative appointed, publishing notice to creditors, filing an inventory of the estate, determining homestead (if applicable), distributing the assets to creditors and beneficiaries, and closing the estate.
If you need Letters of Administration for any reason, or if the estate will be subject to litigation, you should open a formal administration.
The current court costs are $400, and publication costs range from $30 to $300 depending on the county and newspaper (most are around $150).
The approximate time frame is four to twelve months unless extraordinary circumstances such as litigation occur. The estate cannot be closed while litigation is pending.
4) Ancillary Administration.
Ancillary administrations are for secondary probate administrations when the decedent’s primary estate was in another state, but there was also real property in Florida. Ancillary administrations follow the same procedures as a summary administration or formal administration depending on the date of death, value of the real property, and whether a personal representative is necessary.
The approximate time frames are the same as for the summary or formal administrations above. The estate cannot be closed while litigation is pending.