Your Lawyer Your Best Defense When Understanding The Florida Probate Laws
"Probate" in Latin means that something has been proven. That is, the proving of a will. Anything labeled 'probate' basically means the process of satisfying the conditions of a legal will according to certain codes. Probate is a much more complex legal area than it might seem. The law proscribes many formalities and technicalities that must be followed to the letter. This is all to guarantee that the deceased person's property is handled the way it was meant to be.l
Historically, probate was deemed a seemingly never-ending tortuous ordeal to avoid at all costs. People like to avoid probate though the drawbacks in it have been removed by the legislation in Florida. So a number of things, such as inventories and some financial data is now sealed and not available for public consumption. On the other hand, it is expected that you could have a long wait, not to mention increased costs for administration and court fees, before the estate is finally resolved. Repetition is preferred by history.
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In 1845 Florida was declared an official state of the Union and , since that date, its legal code has included several rules which apply to probate. So we can think of Florida Probate Code as being the one go to source for a lawyer to handle probate according to Florida Law. For instance, did you know that the Florida Probate Code authorizes three different types of probate administration?
Summary Administration is another kind of administration. If their non-exempt assets are not in excess of $75,000 or their death took place more than two years before probate, a decendent's estate is administered in this manner. The estate has to pass through the judicial system in the Formal Administration. All the required, completed forms, paperwork and related fees must be in good order and submitted to the Circuit Court. A clerk will give you a case number that allows a new court file to be opened where later proceedings can be recorded. Administration is absent here. Estates consisting only of exempt property and also some of non-exempt personal property below a typical predetermined level come under the purview of this.
There was a time when Family Administration was an additional process of probate. However, as of January 1, 2002, this option became obsolete- except for estate plans filed prior to this date.
A good probate attorney eats, breathes and sleeps the Florida Probate Code. In this manner, you will be sure that, within the probate process, all of your bases are covered.
|Your Lawyer Your Best Defense When Understanding the Florida probate laws page created by Paul Gresko|