Summary administration is a shortened form of the Probate process that does not require an appointment of a personal representative. When you are handling the transfer of an estate that is worth $75,000.00 or less, you can petition for a summary administration and avoid the formal probate process. When an estate is eligible for summary administration, there will typically be less time, effort, and expenses exhausted to administer the estate. When does an Estate qualify for Summary Administration?– Summary administration is available in the following two scenarios: The value of the entire est ..read more

In Florida, when an individual dies without a will, the person is said to have died “intestate”. Under these circumstances, Florida’s intestacy laws govern who will inherit the deceased person’s property and other assets. Generally, under Florida’s intestacy laws, assets which are not distributed through a will are inherited to the decedent’s heirs. So how does the court determine the decedent’s heirs? Most counties across Florida use a legal document referred to as an Affidavit of Heirs or Affidavit of Heirship to determine the decedent’s heirs. Understanding Heirship— The term heirship refe ..read more

While grieving the loss of a family member, close friend, or loved one, the last thing one wants to do is deal with the court system in order to distribute their assets. However, Florida law requires that a decedent’s estate go through probate so that their assets may be properly distributed. Unfortunately, in some cases conflict may arise when assets in your loved one’s estate are being improperly distributed by other parties. If you sense there is an issue with how assets are being distributed, in it is in your best interest to contact a Florida probate attorney. You have a right to object ..read more

When someone passes away it is not uncommon for disputes to arise amongst family members over who will get what assets and how property will be distributed. Issues may also arise regarding what will happen to the deceased’s remains. Prior to 2016, Florida law was not well equipped to deal with such disputes. In 2014, one case received attention when a father attempted to split the cremated remains of his deceased son 50/50 with his ex-wife, arguing that the ashes were part of his son’s probate estate. With little guidance outside of the common law, the court decided the remains were not prope ..read more