Probate Administration
When a loved one passes away, dealing with the court system is the last thing you want to do. Blast Legal specializes in navigating the Florida Probate process with efficiency and sensitivity. Whether you need a Summary Administration for smaller estates or Formal Administration for complex assets, we handle the filings, creditor notices, and asset distribution so you can focus on healing.
What is Probate? A Guide for Florida Personal Representatives
Probate is the court process of identifying and gathering the assets of a deceased person, paying their debts, and distributing the remainder to beneficiaries. In Florida, if a loved one dies owning assets in their individual name, probate is almost always required to transfer the title.
Types of Probate in Florida
Not all estates are created equal. Florida offers different tracks depending on the size of the estate:
Disposition of Personal Property without Administration: For very small estates consisting mostly of exempt property and medical reimbursement.
Summary Administration: A faster, simplified process for estates worth less than $75,000 (excluding the homestead) or if the decedent has been passed for more than two years.
Formal Administration: The standard probate process for most estates. A Personal Representative is appointed, "Letters of Administration" are issued, and a creditor period of 90 days is opened.
The Role of the Personal Representative
If you have been named the Personal Representative in a Will, you have a fiduciary duty. This is a high legal standard. You are responsible for:
Identifying and securing assets (real estate, bank accounts, investments).
Publishing legal notices to creditors and diligent search for known creditors.
Paying valid debts and taxes from estate funds.
Distributing assets according to the Will or Florida statutes.
Homestead Protections
Florida’s Homestead laws are unique. Generally, a primary residence is protected from most creditors. However, navigating the Petition to Determine Homestead is critical to ensuring the home passes to heirs free of creditor liens.
Why You Need an Attorney
Florida law generally requires that every Personal Representative be represented by an attorney. The rules of probate are strict, and missing a deadline or mishandling a creditor claim can result in personal liability for the executor. Blast Legal ensures the process is handled correctly from day one.