What is probate?
Probate is the transferring of assets that have no way of passing from a deceased person’s estate to a beneficiary outside of a legal process.
Common examples of probate assets include:
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Financial accounts without payable-on-death beneficiaries
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Life insurance, annuities, or IRAs payable to the deceased person’s estate
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Real estate owned solely by the deceased person or with others as “tenants in common”
Non-probate assets can be transferred directly to beneficiaries outside of a legal process. Non-probate assets include:
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Financial accounts with payable-on-death beneficiaries or owned jointly with rights of survivorship
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Life insurance, annuities, or IRAs with payable-on-death beneficiaries
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Real estate owned jointly as husband and wife, or with rights of survivorship
If probate is necessary, proceedings must be filed in the county of the state where the deceased person resided.
For example, if the deceased resided in Seminole County, Florida, then probate should be filed in Seminole County, Florida.
In the case of real property, probate proceedings should be filed in the county and state where the property is located. For instance, say the deceased person resided in Illinois but owned a condominium in Orange County, Florida. Probate to transfer ownership of the condominium should be filed in Orange County, Florida.
Types of probate administrations.
There are several different types of probate proceedings and it’s important to understand which is option is best for you. The list below gives you an overview of the different types of probate in the state of Florida. Your options may vary depending on the state where you need to initiate probate proceedings.
Formal Probate Administration
A Formal Probate Administration is required when a deceased person’s probate assets exceed $75,000 and probate proceedings are initiated within 2 years of the deceased person's death. This process generally takes 6 to 9 months to complete. Learn more about Formal Probate Administrations.
Summary Probate Administration
A Summary Probate Administration is an option if the deceased person’s probate assets do not exceed $75,000 or if it has been more than 2 years since the deceased person’s death. This type of administration generally takes 1 to 3 months to complete. Learn more about Summary Probate Administrations.
Ancillary Probate Administration
An Ancillary Probate Administration may be required when an individual passes away owning property in a state where they did not reside. The time to complete an Ancillary Probate Administration will vary depending on why the probate was necessary. Learn more about Ancillary Probate Administrations.
Disposition Without Administration
A Disposition Without Administration may proceed if the deceased person's probate assets consist only of:
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Exempt personal property, and
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Non-exempt personal property that does not exceed the amount of:
a) Preferred funeral expenses, and
b) Reasonable and necessary medical expenses within the final 60 days of the deceased person's last illness.
A Disposition Without Administration generally takes 1 to 2 months to complete. Learn more about Dispositions Without Administrations.
Disposition Without Administration of Intestate Property in Small Estates
A Disposition Without Administration of Intestate Property in Small Estates may proceed if the deceased person did not have a will and their probate assets consist only of:
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Exempt personal property, and
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Non-exempt personal property that does not exceed the amount of:
a) $10,000,
b) Preferred funeral expenses, and
c) Reasonable and necessary medical expenses within the final 60 days of the deceased person’s last illness.
A Disposition Without Administration of Intestate Property in Small Estates generally takes 1 to 2 months to complete. Learn more about Dispositions Without Administration of Intestate Property in Small Estates.
Payment to Successor Without Court Proceedings
If the deceased person owned financial accounts not exceeding a total of $1,000 and more than 6 months have passed since their death, then a family member of the deceased person may obtain these funds by providing the financial institution with a certified copy of the deceased person’s death certificate and an affidavit. Learn more about payments to successors without court proceedings.
Income Tax Refund
If the deceased person receives an income tax refund of $2,500 or less, then the surviving spouse or designated child may complete an application to receive the refund. Learn more about obtaining a deceased person’s income tax refund.