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RayAnswers, Attorney
Category: Estate Law
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Experience:  Texas lawyer for 30 years in Estate law
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When is probate not necessary in Florida?

Customer Question

When is probate not necessary in Florida?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

You can probably file a small estate.

Florida has a simplified probate process for small estates. To use it, an executor files a written request with the local probate court asking to use the simplified procedure. The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate.

You can use the simplified small estate process in Florida if:

1. There is no real estate, and all property is exempt from creditors' claims except amounts needed to pay funeral and two months' last illness expenses. The court will authorize transfer of property to people entitled to it. Fla. Stat. Ann. § 735.301.

or

2. The value of the entire estate subject to administration in Florida, less the value of property that is exempt from creditors' claims, doesn't exceed $75,000, OR the deceased person has been dead more than two years. A petition must be filed with the court. Fla. Stat. Ann. §§ 735.201 and following.

Here are the forms and more self help.You will need the death certificate when the time comes..

http://www.miami-dadeclerk.com/families_probate_sml_estates.asp

It would be possible here for you as POA to avoid any probate if you add someone as a beneficiary to the account and divide up the personal effects while he is alive.The POA has authority to do that.

Expert:  RayAnswers replied 1 year ago.

I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.

Expert:  RayAnswers replied 1 year ago.

If you can leave a positive rating it is always much appreciated.

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