The Law Office of My Florida Probate, P.A.
Providing Legal Assistance with Probate throughout Florida.
Probate in Florida
Overview of Uncontested Probate :
Uncontested probate, unlike other areas of law such as civil litigation or criminal defense, is a process that seldom requires the attorney or client to appear in court. Because of this, the work is done almost exclusively from a distance, either by mail or phone, which saves fees and costs for the client. As such, My Florida Probate handles uncontested probate proceedings throughout the state, and in the very rare instance where a judge requires an attorney's presence at a hearing, with the client's permission, My Florida Probate may retain local counsel to attend the hearing to preserve fees and costs for the client.
Overview of Three Types of Court Proceedings:
The following is a brief overview of three types of court proceedings used in Florida to pass title of a decedent's assets to the heirs or beneficiairies.
Summary administration - may be utilized in the administration of either a resident or nonresident decedent's estate, when it appears:
(1) In a testate estate, that the decedent's will does not direct administration as required by chapter 733.
(2) That the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors (e.g., homestead exempted property), does not exceed $75,000 or that the decedent has been dead for more than 2 years.
Admission of Foreign Will to Record - A nonresident decedent who dies owning real property in Florida and has a will that is being or has been probated in another state, may qualify to petition the Florida court to admit the decedent's foreign will to record. Once the foreign will is admitted to record by order of the Florida court, the foreign will acts like a deed or muniment of title in the public records transferring the title to the Florida real property to the persons named in the will. This special type of court petition has a very narrow application and should be discussed with an attorney to determine if it is appropriate for the estate you are handling.
Formal administration (Florida Statutes, Chapter 733) - must be had if the decedent's estate does not qualify for Summary administration (i.e. the decedent has not been dead for more than 2 years and the decedent's assets subject to administration in this state exceed $75,000 and/or the will requires a Formal administration.)
If you would like to speak with someone regarding your specific circumstances, you can call toll free, 866-465-8046 or within Citrus County, 726-5444. Or if you wish to write, you can e-mail inquiry@myfloridaprobate.com.
This website utilizes Secure Sockets Layer technology (SSL Certificate) to ensure the secure transmission. of data
Uncontested probate, unlike other areas of law such as civil litigation or criminal defense, is a process that seldom requires the attorney or client to appear in court. Because of this, the work is done almost exclusively from a distance, either by mail or phone, which saves fees and costs for the client. As such, My Florida Probate handles uncontested probate proceedings throughout the state, and in the very rare instance where a judge requires an attorney's presence at a hearing, with the client's permission, My Florida Probate may retain local counsel to attend the hearing to preserve fees and costs for the client.
Overview of Three Types of Court Proceedings:
The following is a brief overview of three types of court proceedings used in Florida to pass title of a decedent's assets to the heirs or beneficiairies.
Summary administration - may be utilized in the administration of either a resident or nonresident decedent's estate, when it appears:
(1) In a testate estate, that the decedent's will does not direct administration as required by chapter 733.
(2) That the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors (e.g., homestead exempted property), does not exceed $75,000 or that the decedent has been dead for more than 2 years.
Admission of Foreign Will to Record - A nonresident decedent who dies owning real property in Florida and has a will that is being or has been probated in another state, may qualify to petition the Florida court to admit the decedent's foreign will to record. Once the foreign will is admitted to record by order of the Florida court, the foreign will acts like a deed or muniment of title in the public records transferring the title to the Florida real property to the persons named in the will. This special type of court petition has a very narrow application and should be discussed with an attorney to determine if it is appropriate for the estate you are handling.
Formal administration (Florida Statutes, Chapter 733) - must be had if the decedent's estate does not qualify for Summary administration (i.e. the decedent has not been dead for more than 2 years and the decedent's assets subject to administration in this state exceed $75,000 and/or the will requires a Formal administration.)
If you would like to speak with someone regarding your specific circumstances, you can call toll free, 866-465-8046 or within Citrus County, 726-5444. Or if you wish to write, you can e-mail inquiry@myfloridaprobate.com.
This website utilizes Secure Sockets Layer technology (SSL Certificate) to ensure the secure transmission. of data
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This site is designed to provide general information only. Content on this site should not be interpreted as specific legal advice, or the formation of an attorney/client relationship.
