Knowledge of Florida Probate Laws Key to Settling Estates

06.18.09 |

Having knowledge of Florida’s probate laws is critical when dealing with the estate of a deceased loved one. There are many resources and lawyers in the Miami area that are knowledgeable about probate law and Florida’s probate process in particular. Don’t suffer through the process of trying to settle a friend or family member’s estate on your own; consult a professional who is familiar with Florida’s probate system and can help you navigate it.

First off, what is probate, and what are probate laws? Probate is typically a court-supervised process for identifying, locating and gathering a decedent’s (person who has passed away) assets, paying any outstanding tax obligations, settling claims and expenses of administration and distributing assets to family members and beneficiaries. The probate laws for Florida are defined in the Florida Probate Code, which is found in Chapters 731 through 735 of the State of Florida Statutes.

What kinds of probate processes are there? There are two kinds of probate administration under Florida’s probate laws: formal administration and summary administration. There is also a non-court supervised administration type of proceeding, which is known as “Disposition of Personal Property Without Administration.” This type of administration is rarely used and only applies in limited circumstances.

Why are probate laws necessary? Probate laws and the Florida probate process is necessary in order to define how ownership of a decedent’s assets will pass on to the decedent’s beneficiaries. If the decedent left an up-to-date and valid will, unless the will is entered into probate, it will be not be effective to pass assets to the decedent’s beneficiaries. If the decedent did not have a will, probate laws are necessary to define how assets will be distributed to beneficiaries and next of kin. Probate is also needed to complete the decedent’s financial matters after his or her death. Administration of the decedent’s estate ensures that any of the decedent’s creditors are paid and his or her debts are settled before distribution of assets to the beneficiaries.