FLORIDA PROBATE ADMINISTRATION

A Florida intestate estate proceeding is required when a Florida resident dies without a Last Will & Testament. The Florida intestate will commence when any interested person (heirs or creditors) file a petition for administration with the local Florida probate court of the decedent. The petitioner must state their interest in the estate, information about the last known address of decedent, names of known beneficiaries, a request for the court to appoint a Florida personal representative, and finally, in an intestate estate, a statement that after exercising reasonable diligence to locate any unrevoked wills, that none can be located. Under Florida laws of intestacy, the surviving spouse (if any) is entitled to preference in being appointed the Florida personal representative of an estate. If there is no spouse, then a majority in interest of the heirs may select the Florida personal representative. In either case, the court will make the final decision. Once the court makes that final decision, letters of administration are issued, which state that the Florida personal representative has been appointed and qualified by the Florida Probate Court to handle the deceased’s Florida estate. The Florida personal representative must be represented by a Florida licensed attorney throughout this process. After the Letters of Administration are issued, the Florida personal representative must then serve this notice to all known beneficiaries and creditors. A Notice of Administration or Notice to Creditors is then sent to any known party who may have a claim against the estate of the deceased Florida resident. Any interested person who receives notice has three months to file an objection challenging the qualification of the appointed personal representative, the venue, or the jurisdiction of the court. Once the Florida Probate Court determines that all costs of administration and valid creditors' claims have been paid, the next step is to distribute the Florida probate assets via the Florida Statutes governing intestacy. 

Inheritance of a Florida homestead real property is not subject to probate or creditor claims. Title to a Florida homestead transfers to heirs without waiting for the completion of probate proceedings. A surviving spouse or minor child(ren) will inherit a homestead regardless of the verbiage contained in a Last Will & Testament or the amount of money owed by the deceased owner.

If the decedent’s heirs or trustees sell the homestead after death, the sale proceeds will pass to the decedent’s probate heirs and trust beneficiaries.

For a Florida homestead property to pass through the Florida probate process it must be the decedent's primary residence.  

FS 732.402 Exempt property.—

(1) If a decedent was domiciled in this state at the time of death, the surviving spouse, or, if there is no surviving spouse, the children of the decedent shall have the right to a share of the estate of the decedent as provided in this section, to be designated “exempt property.”

(2) Exempt property shall consist of:(a) Household furniture, furnishings, and appliances in the decedent’s usual place of abode up to a net value of $20,000 as of the date of death.
(b) Two motor vehicles as defined in s. 316.003, which do not, individually as to either such motor vehicle, have a gross vehicle weight in excess of 15,000 pounds, held in the decedent’s name and regularly used by the decedent or members of the decedent’s immediate family as their personal motor vehicles.
(c) All qualified tuition programs authorized by s. 529 of the Internal Revenue Code of 1986, as amended, including, but not limited to, the Florida Prepaid College Trust Fund advance payment contracts under s. 1009.98 and the Florida Prepaid College Trust Fund participation agreements under s. 1009.981.
(d) All benefits paid pursuant to s. 112.1915.

(3) Exempt property shall be exempt from all claims against the estate except perfected security interests thereon.

(4) Exempt property shall be in addition to protected homestead, statutory entitlements, and property passing under the decedent’s will or by intestate succession.

• Advising fiduciaries regarding their obligations and duties
• Preparing all probate documents and handling all probate court proceedings
• Assisting fiduciaries to gather, preserve, and value assets
• Addressing issues regarding the valuation of assets
• Handling audits of any tax returns
• Post-mortem planning (including the use of disclaimers)
• Assisting fiduciaries in the preparation of fiduciary accountings, the distribution of assets, and the funding of trusts
• Addressing real estate, business, tax, and other related issues

Florida probate administration fees may be charged as a percentage of the value of the estate (flat fee) or on an hourly basis. Unlike the vast majority of law firms, we offer our probate estate administration services on a LOW FLAT FEE BASIS. Most firms will tell you that they are going to bill you based on an hourly rate or that their fee will be determined on a percentage basis, depending on the size of the estate. 

WHAT DOES THIS REALLY MEAN? It means that you might be in for a big surprise when the bill arrives. Likewise, on an hourly fee basis,you won't know what you are actually going to pay until the estate has been completed. You will be entirely at the mercy of the attorney. What will a telephone call or a simple letter from your attorney actually cost you? We take the surprise and fear out of the entire probate process.