Florida Statute 735.201 and Florida Probate Rule 5.530 allow for Summary Administration when the value of the entire estate, less the value of exempt property does not exceed $75,000 or that the decedent has been dead for more than two years.
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.
Rule 1.730 previously required any agreement reached in a court-ordered mediation to be reduced to writing and “signed by the parties and their counsel, if any.” The Court's February 6th Order amended Rule 1.730 to delete the requirement that counsel for each party sign a court- ordered mediation agreement because this ...
Florida Statute 735.201 and Florida Probate Rule 5.530 allow for Summary Administration when the value of the entire estate, less the value of exempt property does not exceed $75,000 or that the decedent has been dead for more than two years.
5.320. Before the granting of letters of administration, the prospective personal representative must file an oath to faithfully administer the estate of the decedent. (a) Oath of Personal Representative; Entity.
Rule 5.020 - PLEADINGS; VERIFICATION; MOTIONS (a) Forms of Pleading. Pleadings shall be signed by the attorney of record, and by the pleader when required by these rules. All technical forms of pleadings are abolished.
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.
Although the exact time frame is debatable, an estate can be expected to be settled within a few months for simple estates and a year or more for more complex estates. The probate process for Florida estate settlements typically takes about six months to a year, depending on all factors involved.