Frequently Asked Questions (FAQs) About Probate and Summary Administration

1. What is probate?
Probate is the legal process of validating a deceased person’s will, paying debts, and distributing their assets under court supervision.

2. How long does probate take in Florida?
Probate typically takes 6 months to over a year, depending on the estate’s complexity and any disputes among heirs.

3. What is summary administration?
Summary administration is a simplified probate process available for small estates valued under $75,000 or if the deceased died more than two years ago. It’s faster and involves less paperwork.

4. Do all estates have to go through probate?
No. Some assets, like those held in joint tenancy or with designated beneficiaries (e.g., life insurance), may pass outside probate.

5. What happens if there is no will?
If the deceased died intestate (without a will), Florida’s intestacy laws determine how assets are distributed among surviving relatives.

6. Who can be the personal representative?
Usually, the person named in the will serves as personal representative. If there’s no will, the court appoints a qualified person, often a close relative.

7. How can an attorney help with probate?
An attorney ensures the process follows the law, handles paperwork, resolves disputes, and helps protect your rights and interests.

8. Are there fees involved in probate?
Yes, probate includes court fees, attorney fees, and sometimes fees for appraisers or other professionals.