Vero Beach Probate Lawyer

Probate processes are complex. Consulting with a Vero Beach Probate Lawyer can clarify what type of probate process is right for your situation.

At Apfelbaum Law, our experienced Florida probate attorneys often help clients with questions about the different types of probate in Florida. The most common kind of probate process in Florida is formal administration, in which the court closely supervises the probate process and distribution of assets. This includes the appointment of a personal representative to oversee the process.

Some estates are settled using summary administration, a process that is available if the decedent has been dead more than two years, or if the entire estate is valued at less than $75,000. In this process, a beneficiary files a petition. (If the decedent had a surviving spouse, he or she must also sign the petition, regardless of who files it.)

Once all debts have been settled, the court issues an order of summary administration and assets are distributed according to the plan set out in the petition. No personal representative is appointed. This is frequently a good option for small estates where all the beneficiaries are in agreement about how assets should be distributed.

Uncommon Alternatives to Probate

However, there are also less common alternatives to probate in Florida. Ancillary administration occurs when a non-resident of Florida dies with real or personal property in Florida, has credits due from Florida residents, or has liens on property in Florida. Ancillary administration is similar to formal administration, but with multiple court proceedings due to jurisdiction.

Each state has jurisdiction only over property located within its borders. However, a formal proceeding is not required if the decedent’s Florida property is worth less than $50,000, or in some situations where the decedent left only real estate in Florida. Your Florida probate attorney can help you decide if ancillary administration is the best route for the decedent’s situation.

Disposition without administration also allows the probate process to occur without formal administration in certain circumstances. No formal proceeding is required if the decedent’s estate leaves only personal property, and one or more of the following conditions are met:

• The personal property is exempt under certain Florida laws.
• The personal property is exempt from the claims of creditors as part of the homestead, under the Florida Constitution.
• The personal property is worth no more than the sum of the amount of preferred funeral expenses, plus reasonable and necessary medical/hospital expenses of the last sixty days of the decedent’s last illness.

To prove eligibility for disposition without administration, you will need to provide the court with supporting documents, like medical or funeral bills, an appraisal of the property, etc. If the court agrees, it will issue a formal authorization to transfer the assets to the appropriate beneficiaries.

The rules regarding different kinds of probate processes are complex, and often people consult a Florida probate attorney because they are unclear about what type of probate process is right for their situation. They may be unsure of the best way to proceed when a family member has passed, especially if that person did not leave a will. Your Vero Beach probate attorney can answer your questions, and help you figure out the best way to move forward with the probate process.

If you have questions or concerns about probate, estate planning, or other Florida legal services, please contact Apfelbaum Law for a consultation. We can be reached at 772-236-4009, or contactus@alawfl.com.