Probate Administration Services
Special Probate Proceedings
In Florida probate, several streamlined procedures exist for different estate-related matters:
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Petition to Admit Will to Record: This petition is used when no formal or summary administration is required, but the decedent's will needs to be legally recorded. It typically applies when there are no assets requiring probate, but beneficiaries or heirs may still need the will on file for other legal purposes. Under Florida Statutes § 732.901, the original will must be deposited with the clerk of court within 10 days of the decedent’s death.
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Disposition Without Administration: This is a simplified process available under Florida Statutes § 735.301. It allows for the distribution of a decedent's assets without formal probate when the estate only consists of exempt personal property (such as household items) or non-exempt personal property whose value does not exceed the amount of funeral and medical expenses. This avoids full probate and is typically used for very small estates.
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Petition to Determine Homestead: This petition, governed by Florida Statutes § 733.608 and Florida Probate Rule 5.405, asks the court to declare a decedent’s residence as protected homestead property. Homestead property is exempt from creditors' claims and passes directly to heirs, ensuring that the family home is preserved.
Each procedure provides tailored methods to handle estate matters more efficiently within the Florida probate system.
Special Probate Procedures
At Jason Quick Law, PLLC, we help you avoid the formal probate process where possible. Our trusted team will advise of your legal rights so you understand the various legal options available to you in the Florida probate system.