Probate is the legal process by which a deceased person’s estate is administered, ensuring their assets are distributed according to their will or, if no will exists, in accordance with state law. In Florida, the probate process can be complex, involving various courts and procedures depending on the specifics of the estate. If you’re involved in probate in Florida, it’s important to understand where probate matters are handled to ensure the proper steps are taken. Here’s a look at where probate is handled under Florida law.
Probate Courts in Florida
In Florida, probate matters are generally handled by the Circuit Court in the county where the decedent was residing at the time of their death. Florida is divided into 20 judicial circuits, each containing one or more counties. Each Circuit Court has a probate division dedicated to managing the administration of estates, including the appointment of personal representatives, the determination of creditors’ claims, and the distribution of assets.
- Jurisdiction and Venue: To determine the appropriate jurisdiction (or county) for probate proceedings, Florida law requires that probate be filed in the county where the deceased person was a resident at the time of death. If the decedent was not a Florida resident but owned property in Florida, the probate can still be handled in a Florida court, and this process is known as ancillary probate.
- Types of Probate in Florida: Florida offers different types of probate proceedings depending on the size and complexity of the estate:
- Formal Administration: This is the most common type of probate for estates that exceed certain asset thresholds or have significant complexities. It requires the court’s involvement in overseeing the administration, validating the will, and approving asset distribution.
- Summary Administration: This is a simplified form of probate available for smaller estates. The estate must either have assets valued under $75,000 or be the subject of a surviving spouse’s petition. In summary administration, the process can be quicker and involves less court oversight.
- Disposition of Personal Property Without Administration: For small estates with no real property and minimal assets, heirs can file a petition to collect property without the need for formal probate.
Disposition of Personal Property Without Administration: For small estates with no real property and minimal assets, heirs can file a petition to collect property without the need for formal probate.
- How Probate Works in Florida: Once the appropriate court has been identified, the probate process begins with the filing of a petition for probate. This petition is filed by the person who has been named the personal representative in the decedent’s will or, if no will exists, by a relative or other interested party. The personal representative will be responsible for collecting and inventorying the decedent’s assets, paying any debts or taxes owed, and distributing the remaining property to the beneficiaries.
- Role of the Probate Judge: A probate judge oversees the entire probate process to ensure it complies with Florida law. The judge will handle any contested matters, such as disputes over the validity of a will, as well as approve the final distribution of assets. In Florida, probate judges are elected to serve terms in their respective counties.
- Why Probate May Be Handled in Another County: In some cases, if the decedent owned property outside their county of residence (such as vacation homes or rental properties), probate may need to be handled in multiple counties. For example, if a decedent lived in Miami but owned real estate in Orlando, an ancillary probate proceeding may be necessary in Orlando’s probate court to distribute the Orlando property.
- Working with a Florida Probate Attorney: The probate process in Florida can be complicated, and it’s highly recommended to work with a Florida probate attorney to navigate the process efficiently. An attorney can help determine the right county to file in, assist in preparing the necessary documentation, and represent you in court if there are any disputes.
Understanding where probate is handled in Florida is an important step for those dealing with the estate of a loved one. In most cases, probate will be handled by the Circuit Court in the county where the decedent lived, but specific circumstances such as the decedent’s residency or location of assets may affect the venue. Working with an experienced Florida probate lawyer can help guide you through this process and ensure the estate is handled properly in accordance with Florida law. A skilled attorney will navigate any challenges that may arise during the probate process, ensuring your interests are protected.
If you’re facing probate issues in Florida, Michael T. Heider, P.A. is here to help. With over 15 years of legal experience, Attorney Michael Heider provides expert guidance to ensure the smooth administration of estates. Whether you need assistance with probate court proceedings, will contests, or estate planning, Michael T. Heider, P.A. is dedicated to offering compassionate and professional legal support. Contact us today at 727-235-6005 to schedule a consultation and get the help you need navigating Florida’s probate process. Trust a seasoned attorney to protect your interests during this difficult time.