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FAQs / Probate Process / What is a formal probate?

What is a formal probate?

There are three types of probate proceedings in Florida, but only two of them are available to the vast majority of estates. The proceedings include:

1.) Formal Administration
2.) Summary Administration
3.) Disposition Without Administration

A formal probate administration is available for any sized estate, but is required when assets of the decedent exceed $75,000. A formal probate is the only type of proceeding in which a personal representative is appointed as the fiduciary of the estate. The personal representative has authority to collect the decedent assets and deposit them into an estate bank account, as well as request financial and medical records associated with the decedent from various institutions. The powers granted to a personal representative via a formal administration can be extremely valuable especially when the decedent’s assets may be unknown, or when the family is contemplating some type of lawsuit on behalf of the estate.

As summary administration is only available to estates with assets under $75,000. This type of administration involves the judge issuing a single order transferring identified probate assets directly to the name beneficiaries. This type of administration is preferred for estates that only involve one piece of real estate that is being transferred directly into the name of one or two beneficiaries. Summary administrations do not involve a personal representative, so there will be no one with legal authority to request documentation from banks or medical institutions. Summary administrations also require the client to identify full account numbers and VIN numbers for probate assets which can be difficult to obtain, if you don’t already have access to the decedent’s home and records.

Disposition without administration is only available to estates in which the probate assets are less than the funeral bill and expenses from the last 60 days of the decedent’s illness that resulted in their death.

Visit our Probate Litigation page or our Florida Probate page for more information.

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Probate Process FAQs

  • Where is probate handled?
  • Do I need the original will?
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  • What is a formal probate?
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  • Why Is It Important to Know the Names and Addresses of the Family Members and Relatives of the Deceased?
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