Our firm represents clients in the probate of a deceased estate and guardianship matters. We also assist clients with estate planning in the preparation of wills, living wills, powers of attorney and health care surrogates as a probate attorney Orlando.
Florida law uses two types of probate administration: formal and summary. Formal administration is the most common type of probate used in Florida court proceedings. Non-court supervised administration proceedings are known as “Disposition of Personal Property Without Administration,” and these occur only in limited circumstances.
A Formal Petition for Administration (With a Will or Without a Will), opens the probate estate, by filing the Petition for Administration with the Probate Court with help of skilled probate attorney. This document provides the probate court with the information needed to open the Florida Probate estate, including the decedents name, last known address, date of death, name of heirs/beneficiaries and the nature and value of the decedent’s estate, among other information.
A Summary Administration may be filed when the value of the entire estate subject to administration does not exceed $75,000.
What is probate in Orlando?
Probate is a court procedure after the death of a person to determine the person’s lawful heirs, appoint a personal representative to administer estate, notify possible creditors, assure that lawful debts are paid, and that property is distributed to proper persons.
Where is probate filed?
Probate is filed in circuit court of the county and state where the decedent was domiciled. If the decedent had no domicile in Florida, then it can be filed in any county where the decedent owned property.
Do I need a probate lawyer in Florida?
Yes, in almost all cases you need probate attorney in orlando. Except for disposition without administration (very small estates) and those estates in which the executor (personal representative) is the sole beneficiary, Florida law requires the assistance of an probate attorney. Even when an probate attorney is not required, formal administration has many technical rules that can be very frustrating for the non-lawyer.
What is exempt property?
If a decedent was domiciled in Florida at time of death, the surviving spouse (or if none, the decedent’s children) can have the following property designated as exempt from creditor’s claims, excluding perfected security interests: (1) $20,000 worth of household furniture, furnishings, and appliances in the decedent’s usual abode; (2) Two motor vehicles held in the decedent’s name and regularly used by the decedent and immediate family as personal automobiles; (3) Qualified tuition programs under Sec. 529 of IRS code; (4) Certain death benefits for teachers and school administrators under Florida Statute 112.1915. There is a time limit in which to claim exempt property.
What is an elective share?
The surviving spouse of a decedent who was domiciled in Florida at time of death has the right to claim a share of the elective estate equal to 30 percent. There are time limits on when the surviving spouse must file to claim the elective share with help of probate lawyer.
If you are seeking counsel for probate lawyer, contact the Orlando probate law attorneys of The Veliz Law Firm for a consultation.