The Florida Probate Administration is the court process of gathering and passing ownership of the assets of an individual who has died (the decedent) to their beneficiaries. If the decedent left a valid last will and testament it will be admitted by the Court and the administration of the estate is considered testate. The beneficiaries of a testate estate are those directed by the will.

If the decedent did not leave a valid last will and testament or if the will isn’t capable of being admitted by the court (perhaps because the original was lost or it was not executed with the required formalities) the administration is considered intestate. An intestate administration also applies for any part of an estate no effectively disposed or by will. For intestate estates, Florida law dictates who the beneficiaries are. Intestate heirs are a surviving spouse or other heirs as determined by law. Other heirs could be descendants of the decedent, the decedent’s mother or father, or the survivors of them including bothers and sisters or their descendants. The shares of the intestate heirs is determined by the descendants relationship to the decedent or the decedent’s surviving spouse.

A large function of the Florida Probate Administration is to deal with claims of creditors of the decedent. Florida has very unique and sometimes complicated exemptions which apply to creditor claims. Beneficiaries exposure to the claims of the decedent’s creditors depends on the extent and nature of the assets they receive from the estate. This makes it extremely important to exercise any exemptions that apply and try to further limit creditor claims by taking early steps to shorten the period creditors can file claims in the estate. Creditor claims are permitted up to two years from the date of decedent’s death. This period can be shortened substantially with the proper steps.

It is important to properly plan your estate succession in advance. For more information on how to set up your own will, trust or estate plan please feel free to check out this page.

Our Attorneys and Staff are Available to Consult with you.

The attorneys and staff and Law Offices of Oates & Oates have been helping families in South Florida probate their loved ones’ estates since 1978. We would be pleased to meet with you to see how we might help in your probate administration needs. We routinely consult with prospective clients by phone or in our office. Call the office today and ask to speak with someone about how we might be able to help you and your family.