How Do I Access Probate Records? Most probate documents are public records, however, inventories and accountings filed in estates are confidential and may be viewed only by the personal representative, the personal representative's attorney or an "interested party," as defined in the Florida probate laws.
There are two main types of probate in Florida: a formal probate administration and a summary probate administration. There is also a disposition without administration that is available in very limited circumstances. The formal probate administration usually takes 6-9 months under most circumstances - start to finish.
Florida clearly distinguishes between heirs (surviving family members) and beneficiaries (those who stand to inherit). Of the two groups, only beneficiaries must be notified of probate proceedings.
It takes a minimum of six months, but it generally takes 18 months, and, as in any state, complex and litigated estates can add a year or more to the timeline. In almost all cases, Florida law requires that a licensed attorney administer the estate. With summary administration, probate usually takes one to two months.
The Florida Bar / Florida Supreme Court have not approved any standardized forms for unlawful detainers so you will have to hire an attorney. The first step in an unlawful detainer is to issue the occupant a notice to vacate. Then contact us to file the case in court.
Disposition of Personal Property without Administration. A Disposition of Personal Property without Administration is a proceeding used to request release of the assets of the deceased to the heirs or other qualified parties without Formal Administration.
The formal probate administration usually takes 6-9 months under most circumstances - start to finish. This process includes appointing a personal representative (i.e., the "executor"), a 90 days creditor's period that must run, payment of creditor's claims and more.
First, you need to complete and file the appropriate form, called a Petition and Order to Reopen Estate (Form AOC-E-908). The form should also list your reasons for wanting to reopen the probate.
In Florida, assets that are held in a living trust pass to beneficiaries without probate court proceedings. These trusts must be created before your death, and all assets—including real estate, antiques, vehicles, and so on — must be transferred into the trust under the terms of the trust document.
Summary Administration. A Summary Administration can be filed if the estate contains less than $75,000 in non-exempt assets, including any assets other than the decedent's home, or if at least 2 years have passed since the date of the decedent death. The decedent must have resided in the County of filing.