Probate in Florida

PROBATE IN FLORIDA

Established in 1996, the Orlando, Florida law office of Tilden Law assist clients through the difficult, emotional and often confusing legal processes leading up to and following a loved one’s death. Recognizing that every client’s circumstances are unique, great emphasis is placed on careful legal planning to ensure a comprehensive and efficient outcome.

What is Probate?

In Florida, probate is the court-supervised process in which assets of a deceased person (decedent) are identified and gathered in order to pay the decedent’s debts and distribute the remaining decedent assets to his or her beneficiaries. The Florida Probate Code is found in Chapters 731 through 735 of the Florida Statutes and the rules governing Florida probate proceedings are found in the Florida Probate Rules, Part I and Part II (Rules 5.010-5.530).

There are two (2) different types of Florida Probate:

  • Formal administration probate is the most common probate in Florida and requires court supervision of the collection and distribution of estate assets.
    Unlike Formal Administration,
  • Informal administration does not require the appointment of a personal representative. Instead, any beneficiary or person nominated as a personal representative will file the petition in court. The petition will include information to establish eligibility for filing which includes both assets and debts of the estate and a plan for distribution of the remaining estate assets.

Is Probate required in every case? Florida Probate is required in most cases where the decedent’s assets are titled in his/her name alone.

Contact Tilden Law today to discuss your particular Florida Probate needs, 407-599-1234.