After a person dies, probate is the legal process by which a court oversees distribution of their assets to their heirs and payment of their debts. It is important for you to have a will or trust in place so that your chosen heirs inherit your property during this process. If a decedent dies without a will or trust, his estate gets distributed to his next of kin according to Florida’s law of intestacy (Florida Statutes, Sections 732.101 -732.111).
Fort Lauderdale probate attorney John Clarke has helped dozens of clients settle their loved ones’ estates.
Florida law provides for several types of probate actions, depending on the complexity and the number of assets in the estate. A formal probate administration is required for an estate that contains more than $75,000 of assets when the probate is filed within two years of the decedent’s death. A simpler summary probate administration is allowed for smaller estates or in situations where decedent has been dead more than 24 months (Florida Statutes, Section 735.201). When a decedent’s estate consists of minimal personal property, the estate may be disposed of in a simple process that does not require notification of the estate’s creditors (Florida Statutes, Section 735.301) For most probate actions, Florida law requires that you be represented by an attorney.