Simplified Probate Procedures in Florida
In Florida, it’s possible for small estates to take a shortcut through the probate process, making it easier for people to transfer property left by a deceased person to his or her beneficiary. This shortcut could even allow you to transfer large amounts of property, saving you a great deal of time and money.
To use the simplified probate process in Florida, the estate administrator files a written request with the local probate court. The court may then authorize the administrator to distribute the estate’s assets without having to go through the full probate process.
An estate planning attorney will help you determine if you can benefit from this process. In general, however, you may use the simplified probate process in either of the following scenarios:
- There is not any real estate and all the property in the estate is exempt from claims by creditors, except any amounts needed to pay funeral expenses and two months’ worth of last illness expenses. The court in this case will authorize transfer of estate property to any individuals entitled to it.
- The value of the entire estate subject to the administration process — minus the value of any property exempt from claims by creditors — is less than $75,000, or the deceased person died more than two years ago. In this case, a petition must be filed with the court.
For more information on the simplified probate process or to find out if you qualify for simplified probate in Florida, speak with a knowledgeable Tampa estate planning attorney at BaumannKangas Estate Law.