Detailed Answer
When a person dies in Florida and no probate case exists, heirs or beneficiaries must open an estate proceeding to transfer assets and pay debts. Florida law offers two primary tracks: formal administration and summary administration. Choose the process based on asset value, the existence of a will, and creditors’ claims.
Step 1: Determine Whether Probate Is Necessary
First, inventory the decedent’s assets. Probate typically applies if the estate holds real property, bank accounts, investment accounts, or personal property exceeding $75,000 in non-exempt assets. If everything passes directly to a joint owner or beneficiary (e.g., payable-on-death accounts), you may avoid probate entirely.
Step 2: Select the Proper Administration Type
- Formal Administration: Use when assets exceed $75,000 or the decedent left a will naming a personal representative. Governed by Florida Statutes Chapter 733. See Section 733.201: §733.201.
- Summary Administration: Use when the entire estate’s value of non-exempt assets is $75,000 or less, or if the decedent died more than two years ago. Governed by Florida Statutes Chapter 735. See Section 735.201: §735.201.
Step 3: File the Petition for Administration
Submit a Petition for Administration (formal) or Petition for Summary Administration to the circuit court in the county where the decedent lived. Attach the original death certificate, the will (if any), and an affidavit of heirs or beneficiary if no will exists. Pay the required filing fees.
Step 4: Appoint a Personal Representative
Florida courts appoint a personal representative (formerly “executor”) to manage the estate. The court issues Letters of Administration or Letters of Summary Administration. This document empowers the representative to collect assets, pay debts, and distribute the remainder to heirs.
Step 5: Notify Creditors and Publish Notice
Within 30 days of appointment, notify known creditors via mail. Publish a notice to unknown creditors in a local newspaper once a week for two consecutive weeks. This step complies with Florida Statutes Section 733.212 and Section 735.212.
Step 6: Inventory, Appraise, and Secure Assets
The personal representative must locate all estate assets, secure real property, and obtain appraisals where required. File the inventory and appraisal with the court within 60 days after appointment.
Step 7: Pay Debts, Taxes, and Expenses
Use estate funds to pay funeral costs, administration expenses, and valid creditor claims. File a final accounting with the court listing receipts, disbursements, and remaining assets.
Step 8: Distribute Remaining Assets and Close the Estate
After settling debts and taxes, distribute the remaining assets per the will or Florida’s intestacy laws (Chapter 732). File a final discharge or petition for discharge to close the estate.
Helpful Hints
- Gather key documents: death certificate, bank statements, deeds, titles, and the original will (if any).
- Check asset values early to determine the correct administration path.
- Meet all notice deadlines to avoid personal liability as a personal representative.
- Keep detailed records of all transactions and communications.
- Consider consulting a probate attorney to avoid procedural pitfalls.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.