What is Uncontested Probate?

Let’s start at the very beginning. If everyone who is going to inherit according to a will or under the Florida Law of Intestacy (when there is no will) is in agreement about the divison of assets, then the Administraton is uncontested. 

If there is disagreement about the division of assets, then the Administration becomes a contested Probate matter. Contested Probate matters are addressed HERE.

What is a Summary Administration?

When the value of an estate is less than $75,000.00, or the person died more than two years ago, Summary Administration may be the best option. In a Summary Administration there is no Personal Representative appointed and no creditors of the deceased person to notify. The Beneficiary who inherits either pays the outstanding known creditors of the decedent, or promises the Court that if any unknown creditors come forward they will be responsible for paying them. 

Important to note is that the $75,000.00 State of Florida cap for Summary Administration excludes any Homestead property. It does not matter how much the Homestead property is worth. It passes outside the Estate and does not count toward the $75,000.00 cap.

What is a Formal Administration?

Formal administration starts by filing a Petition for Administration in the Circuit Court. The Petition identifies the deceased, states the nature and value of the estate assets, lists the beneficiaries, requests appointment of a Personal Representative and identifies the will (If there is one) and requests that it be admitted to probate. All interested persons (as defined by Florida law) must then be served with Formal Notice of the Petition. If the Court finds the Petition to be in good order, and if there are no objections to the Petition, then the will is admitted to probate. The Personal Representative is appointed and issued Letters of Administration. The Letters of Administration authorize the Personal Representative to act on behalf of the estate. There can be more than one Personal Representative. All sensitive financial information is sealed by the court.

What are the Costs of Filing for Probate?

The main cost for filing for probate is the filing fees due in the Circuit Court to open the probate file. Because each Clerk of the Circuit Court determines their exact fee, and because there are 20 separate Judicial Circuits in the State of Florida, it would be best to give you the specific correct information as part of your consultation.

Additionally the costs of publishing the required Notice to Creditors for two weeks, death certificates for each institution where they are required, recording of the Letters of Administration and certified copies and costs of mailings also add to the total costs.  

What does the Personal Representative do?

A Personal Representative will be appointed by the Court or will be nominated in the will. That person will have the responsibility to oversee the probate process in conjunction with the Estate Attorney. The Personal Representative will be responsible for: • Determining creditors • Locating assets • Communicating with other Beneficiaries • Dealing with and selling property • Running an ongoing business of the deceased • Preparing and filing income tax returns for the estate • Paying bills related to the estate while it is being administered • Filing inventories and accountings  

Getting Started with your Probate Case

The first step is to have a free no obligation telephone consultation regarding the Probate Estate. The Attorney will ask you about the nature of the Estate (Real Estate, Investments, etc.) and will ask you about the Beneficiaries. Once you’ve gone over the outline and scope of the work the Attorney will answer any questions that you have. From experience it takes about 30-45 minutes to go over this background information. The Attorney wll be able to tell you about the costs of your Probate case and outlne a fee that is to be expected. Once you have decided to retain the attorney you will need to sign a retainer agreement that begins the Legal Representation. Whatever you discuss with the attorney is completely confidential.