Call the law office of Eric S. Kane, P.L. at (305) 937-7280
Florida Probate County
|Florida Probate Process
For Florida and Non-Florida Residents
Key Information on Florida Probate:
- Formal Administration is the probate process that must be followed if the value of the estate subject to Probate in Florida (less property which is exempt from the claims of creditors) is greater than $75,000.
- Summary Administration is generally available if the value of the estate subject to probate in Florida (less property which is exempt from the claims of creditors) is not more than $75,000 or the decedent has been dead for more than two years.
- Disposition Without Administration is available only if estate assets consist solely of property classified as exempt from the claims of the decedent’s creditors by applicable law and non-exempt personal property, the value of which does not exceed the total of (1) up to $6,000 in funeral expenses; and (2) the amount of all reasonable and necessary medical and hospital expenses incurred in the last 60 days of the decedent’s final illness, if any.
- Ancillary Probate Administration is the process used when a resident of a state other than Florida dies owning real estate in Florida. A Florida probate action is required to be opened to pass the Florida real estate on to the heirs. Ancillary Probate is typically handled at the same time that the probate action in the state of residence is handled.
- For non-US Citizens: If a green card holder dies as a resident of the United States, his or her estate will be required to go through the probate process of the state where that person was a resident. Additionally, ancillary probate in the other jurisdictions where the decedent held property may be required. If a non-resident alien dies owning property within the United States, in many cases that property will be required to pass through a probate process.
Florida Probate administration is a court-supervised process necessary for identifying and gathering the probate assets of an individual who has died, commonly referred to as the decedent. The court probate process ensures that claims of the decedent's creditors, expenses of administration and appropriate taxes are properly paid or addressed. Probate also serves as the process of distributing assets from the decedent's individual name to the proper beneficiary.
If the decedent leaves a valid will it must be admitted to probate in the Court. If the will is not admitted it will be ineffective to pass title to the beneficiaries. If the decedent has no will, probate is necessary to pass ownership of the assets to those persons who are to receive them under the Florida Intestate Succession laws.
Eric S. Kane, P.L. capably represents clients in probate matters throughout Florida.
When a non-Florida resident owns property in Florida and passes away, the property is subject to Florida Probate laws and rules, which must be administered by a Florida Court in the county or judicial circuit where the property is located. In order to pass the Florida property such as the Florida residence or Florida vacant land to the lawful heirs or beneficiaries, a Florida Probate action is required. This action is properly referred to as Ancillary Probate Administration. Probate Attorney Eric S. Kane handles Florida Ancillary Probate Administration. Mr. Kane represents clients who live outside of Florida but have a need to commence Florida Probate Ancillary Administration.
For example, if a person who lives in Pennsylvania owns a second home in Miami-Dade County, Florida and passes away, the disposition of that property is subject to Florida Probate laws, rules and procedure. Eric S. Kane can efficiently handle all non-Florida resident ancillary probate matters for any location in Florida including Miami, Fort Lauderdale, Tampa, Orlando, Jacksonville, Tallahassee, Gainesville, Melbourne, Palm Beach, and all other Florida cities and counties.
For probate assistance throughout Florida, Florida probate attorney Eric S. Kane will patiently guide you through this complex but necessary process. The law office of Eric S. Kane, P.L. is located in Aventura, FL, a municipality in Miami-Dade County, and represents clients throughout Florida in uncontested probate matters.
A client has many choices in the selection of a Florida Probate Lawyer. Mr. Kane graduated cum laude with a J.D. and L.LM from the University of Miami School of Law in Coral Gables, Florida and earned a B.A. in Government and Latin American Studies cum laude from Franklin and Marshall College in Lancaster, Pennsylvania.
You are encouraged to contact Mr. Kane for your Florida Probate Administration needs. Eric S. Kane, P.L. provides a free initial consultation to all prospective clients. Call (305) 937-7280.
Eric S. Kane, P.L. provides efficient probate service for clients throughout Florida.
The information you obtain at this site is not considered to be all inclusive, nor is it intended to be legal advice. You should consult an attorney for individual advice regarding your own situation. The hiring of a attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask Eric S. Kane, P.L. to send you free written information about our qualifications and experience.
Map of Florida's 67 Counties
Map Courtesy of Wikipedia.org
The law office of Eric S. Kane, PL is located in Aventura, a municipality in Miami-Dade County. The law office of Eric S. Kane, PL assists clients in uncontested probate matters throughout the State of Florida.
For more information about
Florida Probate, Trust Administration,
Estate Planning, and
Guardianship law link to:
Florida Ancillary Probate Administration is the process used when a resident of a state other than Florida dies owning real estate in Florida, as is the case with many non-Florida residents who own a second home, vacation home, vacant lot or timeshare in Florida and probate proceedings have already commenced in the Decedent’s domiciliary state (“state of residence.")
In order to pass the Florida property to the heirs, a Florida Probate action is required to be opened. Florida Ancillary Probate Administration typically commences at the same time that the probate action in the state of Decedent’s primary residence is handled.