What are the different types of probate administration in Florida?

There are two types of probate administration under Florida law: formal administration and summary administration. This pamphlet will primarily discuss formal administration. There is also a non-court-supervised administration proceeding called “Disposition of Personal Property Without Administration.”

How do I probate a will in Florida?

Here are the basic steps for how to probate a will in Florida: Locate the Original Will. Under Florida law, the original of the will needs to be probated. If the original cannot be located, it is presumed destroyed with the intent to revoke the will.

Who pays for funeral expenses in Florida probate proceedings?

In general, the decedent’s assets pay the probate proceeding’s cost, the decedent’s funeral expenses, then the decedent’s outstanding debts. The remainder of the assets is distributed to the decedent’s beneficiaries. You can find the Florida Probate Code in Chapters 731 through 735 of the Florida Statutes.

What happens to probate assets when someone dies intestate in Florida?

Even if the decedent dies intestate, the probate assets are rarely turned over to the state of Florida. The state would take the decedent’s assets only if the decedent had no heirs. Suppose the decedent was survived by a spouse but left no living descendants. In that case, the surviving spouse receives all of the decedent’s probate estate.

How much does it cost to probate an estate in Florida?

To provide clarity, the Florida probate code lists fees that are presumed to be reasonable in a given estate followed. $3,000; plus 3% on the value of estate from $100,000.01 to $1,000,000.00 $3,000; plus 3% on the value of estate from $100,000.01 to $1,000,000.00; plus 2.5% on the value of the estate from $1,000,000.01 to $3,000,000.00

Do I need an attorney to open a Florida probate estate?

Under Florida law, every nominated personal representative is required to have an attorney’s representation to open a formal probate estate. This helps the representative perform fiduciary duties and ensures the transfer of assets is done in accordance with Florida law.

Is homestead property compensable in Florida probate?

Note: Homestead property is not counted toward the compensable value of the estate. The Florida probate code also provides that attorneys can be compensated for “any extraordinary service.” What constitutes an extraordinary service is case-specific, but can include will contests, audits, tax advice and returns, and dealing with real property.