Probate

When a Florida resident passes away, their estate may need to be reviewed and administered through a judicial probate process. Depending upon the nature of the estate and its assets, the administration process will need to be effectuated through formal or summary proceedings.


Summary Probate Administration

Summary administration is a type of probate proceeding for smaller estates. Summary probate administrations avoids the more lengthy formal probate administration process. Under the Florida Probate Code, the summary process is only available if: (1) the deceased's death occurred more than two years ago or (2) the value of the probate estate, excluding non-probate assets, is not more than $75,000. In Summary Administration, there is a petitioner, but no personal representative. A petitioner does not have the same authority to inquire, collect, manage or dispose of assets in the same manner as an appointed personal representative.


Formal Probate Administration

Formal administration is the most common form of probate in Florida. For those estates that do not meet the qualifications of a summary administration, a formal probate process is required to administer the estate to beneficiaries. Formal administration begins when the court appoints a personal representative, whose duties include, but are not limited to: inquiring into the inventory of the estate, paying off estate debts, managing estate property or distributing assets to estate beneficiaries.


Our goal is to provide clients with exceptional personalized service with low overhead cost. Marsicano + Leyva PLLC understands that legal proceedings in probate administration matters can often seem unavoidably complex and confusing. We endeavor to help you understand the process from start to finish and can work with you to protect your rights and the rights of your loved ones


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