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Putnam County Probate Attorney

Understanding Probate Requirements in Florida

Probate issues are often emotionally taxing and resource-intensive experiences. After a person passes away, their possessions, assets, and liabilities are distributed in probate court according to Florida’s probate laws. Sometimes, the decedent's friends and family may not agree about the decedent’s intent regarding the administration of their testamentary estate.

 When this happens, it may be necessary to retain the legal services of an experienced Putnam County probate attorney for probate representation. At Hedstrom Law, P.A., our qualified lawyers can help navigate even the most complicated probate process.

Call us at (386) 200-6547 or contact us online today to schedule your FREE initial consultation. 

Do You Need Legal Assistance for Probate in Florida?

Yes, in many cases an attorney is required for probate in Florida. In cases where it is not required, it is highly recommended. There are two situations in Florida where an attorney is not required:

  • “Disposition without administration” is for a very small estate
  • When the executor is the sole beneficiary

However, even if an attorney is not required in your situation, you will still want to get legal assistance to help you navigate the complexities of Florida’s probate law. Do not hesitate to reach out to our firm for help.

Timeline for Settling an Estate in Florida

In Florida, an executor usually takes up to six months to wrap up simple estates. For standard formal administrations, it can take up to one year. For complex and litigated estates, it can take two or more years.

Here is the average time for the probate process in Florida: 

  • Simple estate's affairs within three months 
  • The formal probate administration usually takes up to a year 
  • Large estates can last more than two years 

Suppose you do not receive an inventory and appraisal of the estate within 90 days. In that case, you should speak to a probate litigation attorney. You can ask the court to remove the executor.

During this time, an executor will be appointed, there will be a 90-day creditor period, the creditor’s claims will be paid, etc. The probate process for very small estates can often be completed in less than one month.

Defining a Small Estate in Florida

Florida considers a small estate as $75,000 or less in assets. Probate for a small estate is less complicated and usually a quicker process.

Effective Strategies to Avoid Probate in Florida

In Florida, there are several methods to avoid probate or minimize its impact on an estate. Probate is the legal process of administering a deceased person's estate, including distributing their assets to beneficiaries and settling their debts.

Some ways to avoid probate in Florida include:

  • Revocable living trusts: Creating a revocable living trust allows you to transfer ownership of your assets to the trust during your lifetime. Upon your death, the assets held in the trust can pass to your beneficiaries without going through probate, as they are governed by the terms of the trust.
  • Joint ownership with rights of survivorship: Holding assets jointly with rights of survivorship means that when one owner dies, the surviving owner(s) automatically inherit the deceased owner's share of the property, bypassing probate. This method is commonly used for bank accounts, real estate, and other assets.
  • Payable-on-death (POD) or transfer-on-death (TOD) designations: Designating beneficiaries on bank accounts, retirement accounts, and certain securities can allow these assets to transfer directly to the named beneficiaries upon your death, avoiding probate.
  • Beneficiary designations: Similar to POD and TOD designations, naming beneficiaries for life insurance policies, retirement accounts, and certain financial accounts can allow these assets to pass directly to the named beneficiaries outside of probate.
  • Small estate procedures: In Florida, estates with a total value of $75,000 or less may qualify for simplified probate procedures, which can expedite the process and reduce costs.
  • Gifting assets: Making gifts of assets during your lifetime can reduce the size of your estate and the assets subject to probate. However, this approach should be carefully considered, as there may be tax implications and other considerations to take into account.

It's important to consult with an experienced estate planning attorney in Florida to determine the best strategy for your specific circumstances. Estate planning can be complex, and a knowledgeable attorney can help you create a plan that meets your goals while minimizing the impact of probate on your estate.

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