Probate in Florida

Probate refers to the process by which the assets of a deceased person are used to satisfy creditors with the remains passed to beneficiaries under a will (testate estate) or where no will exists (intestate estate), under state law. There are many variations of probate that may apply that depend upon the circumstances.

For example, with Florida being a popular tourist destination there are times where someone dies a resident of another state but owning a property or a timeshare interest in property in Florida. In those instances, while the primary probate proceeding would take place in the deceased’s state of residence where the assets in that state would be passed to creditors and beneficiaries, an ancillary proceeding would have to be undertaken in Florida before title to the Florida property would pass to a beneficiary named in a will or an heir at law.

In some cases, where a Florida resident passes away with limited assets, an expedited probate proceeding such as a summary probate administration or a disposition without administration may be appropriate. Each option for proceeding comes with certain pros and cons. Before deciding which option is appropriate under your circumstances, it is important to speak with an attorney.

If you would like to discuss your situation and what your options are, please contact us at 321-765-9109 or send us an email john@liveoaklawfirm.com.