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Florida Probate Glossary

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6. Homestead

With regard to Florida probate law, a decedent's Homestead is the real estate which was his or her home. This would require that the decedent was domiciled in Florida.

7. Last Will

The document which controls the administration of one's estate. Essentially, your Will is your instructions to the probate courts as to how your estate should be handled when you die. Not to be confused with a "Living Will." A Will does NOT avoid probate. Also known as: Will, Last Will & Testament

8. Living Trust

A document which allows for the private (out of court) administration of one's estate. A living trust can only direct administration over the assets which the trust actually owns. Typically, you should have a Last Will AND a Living Trust for proper estate planning with a trust. Also known as: Revocable Trust, Intervivos Trust

9. NonHomestead

Real estate that is not considered to be a person's primary or principal residence.

10. Summary Administration

An abbreviated probate proceeding which is available for small estates whose value is less than $75,001 or where the decedent has been dead for more than 2 years.

Summary Administration or "Summary Probate" as it is often called, generally takes considerably less time than Formal Administration.

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