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If a decedent passed with a surviving spouse or children, certain property of the decedent is considered exempt property and passes to the surviving spouse or children without being subject to unsecured creditor’s claims. Examples are: two (2) standard vehicles and household furnishings. Once determined as exempt property, the asset cannot be used to pay a creditor claim filed in the estate.
Exempt property also often includes homestead property, though this is subject to a different set of rules.
It depends, in part, on the location of the property and the amount of land. Pursuant to Florida Constitution, Section 10, Article 4, if the property falls within the city limits and is one-half acre or less, then the property is considered homestead. For properties outside of the city limits, the allowable acreage is 160 acres for homestead exemption.
Please note: This exemption does not make exceptions for mortgages on the property. Those liens remain attached to the property and the outstanding balance is still due and payable.
Summary Administration: less than $75,000 in non-exempt assets OR the decedent passed away more than two years ago.
Formal Administration: non-exempt assets valued at over $75,000 and the decedent died less than two years ago.
If the decedent had a last will, then the listed personal representative in the document has preference.
If there was no will, then Fla. Stat. §733.301 determines who has preference to act.
Convicted felons, minors, and incapacitated persons may not serve as a personal representative under Fla. Stat. §733.303. Also, a personal representative must have a certain relationship to the decedent if they reside outside of the State of Florida. A family member does not need to reside in Florida to qualify as a personal representative.
Costs will depend on the type of probate required – summary vs. formal. As only an attorney can set fees, the attorney will discuss this with you during your consultation.
It will depend on the type of probate required – summary vs. formal. Summary administrations are usually 3 - 6 months to complete and formal administrations are usually 6 – 12 months or more, depending on the circumstances. There are varying factors that determine the timeframe and usually are specific to each case and the jurisdiction where the case is filed.
Drafting documents, filing documents with the Court, arranging for publication of Notice to Creditors, noticing beneficiaries and creditors that estate proceedings are ongoing, applying for tax identification numbers, and guiding the personal representative through the court proceedings until the Court issues the final order of discharge.
Looking for the decedent’s last will and testament, securing and gathering the decedent’s assets, providing information to the attorney regarding the decedent’s family members, beneficiaries, assets and creditors, opening an estate checking account after court appointment, tracking deposits and expenses of the estate, distributing the assets of the estate to the beneficiaries upon court’s instruction, and filing any final tax returns for the decedent and estate.
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