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Florida Estate Planning by Leesha Newkirk-Crouch: Probate

Types of Probate

Formal Administration


-"Can be done with or without a Will.

-Is the most common form of Florida probate and involves the appointment of a Personal
 Representative(s) and issuance of Letters of Administration.


-Must be used when the decedent (person who has passed away) has been dead less than 
 2 years AND the estate's assets are greater than $75,000, not including the primary 
 residence.

-Must be used when the Will includes a provision requiring it.

-Should be used when the estate owes money to Creditors and/or there are special 
 circumstances involving heirs.

-Should be used if the estate is involved in a law suit.


Summary Administration

-Can be done with or without a Will.

-Can be done if the entire estate is worth less than $75,000, not including the primary
 residence.

-Can be done regardless of the size of the estate if the decedent (person who has passed 
 away) has been dead for at least 2 years.

-Can be done if the Will does not include a provision requiring formal administration.
 
-Does not involve the use of an appointed Personal Representative and Letters of 
 Administration. 

-Transfers title to real property directly into the names of the beneficiaries.


-Is an 'abbreviated' form of probate in that it is usually opened and closed much faster than
 a formal administration. 



Admission of Foreign Will to Record 

-Must involve a Will that has been probated in another state.


-Is the most abbreviated form of probate .

-Can only be used when the Florida estate assets are real property, usually a second
 home, condominium, or vacant lot.


-Is commonly used when property in Florida is being sold and probate was only done in 
 another state. The seller(s) need the title conveyed to them 
in the public record in Florida
 so they
 can legally transfer the ownership to the Buyer(s).

-Should NOT be used when the estate owes money to Creditors and/or there are special 
 circumstances involving heirs.

-Transfers title to real property directly into the names of the beneficiaries.


Disposition Without Administration


-Can ONLY be used when funeral costs and the last 60 days of medical expenses paid by 
 someone other than the decedent exceed the value of the decedent's personal property."



My florida probate

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