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January 11, 2018

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What is Florida Probate, what types of Probate are there, and where should the Probate take place.

January 11, 2018

What is Florida Probate

 

The legal process of Probate is when the court determines the validity of a will it has received so that a decedent’s estate (the belonging of the individual that has passed) can be administered.  When the will is admitted to probate, a petition for administration is also filed.  The court then appoints a representative to ascertain and manage the decedent’s property and assets that are subject to be probated, pay any outstanding decedent’s debts and distribute the remaining probate property to the applicable heirs and individuals. Those who are authorized to inherit the decedent’s probate assets are genuinely either recognized in the decedent’s will or, if the unfortunate event that the decedent did not create a will, by the statutory rules of intestate succession as further describe in Florida Statute. 
 
Types of Probate in Florida
 
There are essentially four types of estate administration in Florida:
 
•    Formal administration 
•    Summary administration 
•    Disposition of personal property without administration 
•    Ancillary administration 

 

Where does the Probate Take Place?

 

Regardless of which type of estate administration is utilized, the Florida probate proceeding for any estate will need to be most likely commenced in the county of the decedent’s place of residence or domicile. If the decedent was not live in Florida, the Florida probate, most likely an ancillary administration proceeding, should commence in any county where the decedent’s had property. And while the probate process is governed by state law, each county may have different procedures and customs of which your counsel will need to be aware of.  And if you haven't already noticed, our firm Probates estates in every county in Florida - ALL 67 OF THEM!

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