Miami, FL asked in Probate for Florida

Q: how do i know my inheritance administration type if, summary , formal or Disposition of Personal Property without Admin

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2 Lawyer Answers
Ira Markowitz
Ira Markowitz
Answered
  • Probate Lawyer
  • Coral Springs, FL
  • Licensed in Florida

A: It depends on the type and value of the probate assets.

If the assets had placed in a trust there would no need to have an estate and with planning would be avoided e.g., Life Insurance passed directly to the named beneficiary (ies).

Phillip William Gunthert agrees with this answer

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Probate Lawyer
  • Orlando, FL
  • Licensed in Florida

A: You will want and need to speak with a Florida Probate Attorney, the answer generally depends on the type of assets and their overall value, the probate attorney will be able to precisely advise you based on additional information and details that you provide. While this is definitely going to be an over-simplification of the proper answer, it generally works like this; If the estate is worth $75,000 or less, excluding homestead property value, then a Summary Administration will work, if the estate is worth in excess of $75,000 you will need to use Formal Probate. If the estate is substantially less and just covers burial and funeral expenses and the like, then Florida Statute 735.301 may be able to be used for Disposition of Property Without Administration. In most instances, you will need a Florida Probate Attorney unless it is a very basic probate. I will also add, although a probate may qualify for Summary Administration, there may be a variety of reasons and potential needs that will require you to be named the estate executor (called personal representative in Florda). Also, if a Homestead Property and or surviving spouse is involved or minor children, this will require further attention as well. So, those are the very absolute basics with many more, if's, or's and but's that can apply as well.

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