The estate of a deceased person can be administered several different ways. The most common process for administering an estate is through the use of the probate courts. The process of probating an estate is governed by Chapters 731 through 735 of the Florida Statutes. These statutes provide for the administration of both small and large estates.

Probate is a court-supervised process for identifying and gathering the decedent’s assets; paying taxes, claims and expenses; and distributing assets to beneficiaries. The Florida Probate Code is found in Chapters 731 through 735 of the Florida Statutes. If the value of the estate, less property exempt from creditors, is $75,000.00 or less or if the decedent has been deceased for over two years, a summary administration may be an option which significantly expedites the probate process and keeps costs down. In most other estates, however, a formal administration may be necessary.

Probate papers filed with the Clerk of Court typically located where the decedent lived prior to death. Upon filing of these papers and payment of a filing fee, the court issues “Letters of Administration.” These documents are vital to the probate process, as they provide a Personal Representative of the Estate the authority to access safety deposit boxes, bank accounts and other financial materials that would otherwise be unavailable due to privacy concerns.

The process of formal administration involves identifying and gathering the assets of the decedent as well as determining their value. Likewise, identification of the decedent’s creditors is necessary. Potential creditors are notified either by direct mailing via the delivery of a “Notice to Creditors” or through publication in a local newspaper. Once a complete list of assets and liabilities are determined, the estate must pay creditors in a pre-determined order, and then disburse the remaining assets to the beneficiaries of the decedent’s will, if such a will exists.

In Florida, the marshalling of assets and the determination of creditors is performed by a person or entity appointed as the Personal Representative of the estate. In some states, the Personal Representative is also known as an “executor”, or “administrator”. Frequently a spouse or child serves as the Personal Representative although banks and trust companies may also serve. For an individual to serve as Personal Representative, they must be a Florida resident, unless they are a close family member or relative. Individuals convicted of felonies cannot serve in this capacity.

Not every property the decedent enjoyed an interest in will be included in the administration of the estate. Real estate owned in the decedent’s name alone, with the exception of their primary residence (also known as the “Homestead”) will be an asset subject to administration. Individual bank accounts titled in the decedent’s name alone, life insurance policies, annuities or IRA’s listing the estate as beneficiary will all be included in the estate. Conversely, jointly held bank accounts, or life insurance policies, annuities or IRA’s listing specific individuals or entities as beneficiaries will NOT be considered part of the estate.
The formal administration of an estate can take between nine to twelve months to complete. Depending on the complexity, some estate can take every longer.

Probate is the administering the estate of a deceased individual under the guidance of the court system. To administer an estate, the court appoints a Personal Representative to become the designated person charged with not only gathering the assets of the decedent, but also to determine the identity of the decedent’s creditors. During this process, the Personal Representative, who is often a spouse or close family member is guided by the assistance of an attorney through this process. At Kevin G. Staas, P.A. we understand that the death of a loved one or friend is a time filled with grief and uncertainty. In this context, the idea of administering an estate alone is a daunting task. In addition to Kevin’s hands on assistance in all probate matters, our firm assigns a paralegal directly to your case so the Personal Representative can get the assistance they will no doubt need during this difficult time. Our goal is to provide each Personal Representative with efficient and outstanding legal service. Our firm offers free consultations to individuals or entities named as Personal Representatives in a will. Please review the rest of our site for more detailed information on the probate process.