Though there are rare ocassions where claims can be enforced, it is simply that … rare.

What does this mean to a probate petitioner?

1. A Notice to Creditors need not be published (saving anywhere from $100 to $300 on publication costs).

2. Summary Administration is generally available (short form probate).

3. No waiting 90 days for the creditor period to expire before assets are distributed.

Please don’t misunderstand. There are plenty of reasons to pursue probate even if it has been less than 2 years since the date of death, but the 2 year rule is always a welcome situation.

You probably can’t find them.

They are for attorney-use only because most probate cases in Florida require representation by an attorney (yep, even for the “simple” cases)

Even if you can, you are taking a huge risk.

Why? In all but very small situtations, a personal representative (executor) must be represented by an ATTORNEY. (Not a Paralegal)

I haven’t researched it recently, but the probable reason is that the probate system is vulnerable to fraud by claimants, heirs, personal representatives and petitioners. I suppose the legislature decided the potential fraud outweighs the inconvenience of requiring attorney representation.

Even if you do find forms, it isn’t simply a matter of filling them out, checking boxes and signing paperwork. They have to be prepared in a certain manner, with proper clause inclusions and omissions contingent upon supporting documentation.

For example:

Is the Will self-proved? Was a domiciliary proceeding filed in any other state? A host of other questions can change the way those “forms” should be prepared and the kind of supporting documentation that must be submitted.

Yes, the clerk may accept the forms you submit, but in 100% of the cases I’ve taken where the client tried to do it themselves, something went wrong.

Even worse, you may make it even harder for the attorney to fix your mess.

Mistakes can be expen$ive: once you submit a Petition, it becomes a part of the record and having an attorney back you out of the mess can cost more than if you had started with representation.

There is one isolated proceeding, “Disposition of Personal Property without Administration” that doesn’t require an attorney, but because the asset thresholds are so strict, most clients will require Summary or Formal Probate Administration.

You certainly don’t have to retain us, but you should retain someone!

Forget the search for forms.

If you want to talk about the ins and outs of your probate case, call me.

Lately, it’s been for clients who are trying to refinance on the house mom or dad left to them.

Once you “lock in” that interest rate, you’ve got X number of days to close the loan, correct? Well, if the real estate attorney, title insurance agent or title company gets to it soon enough, you might find that you need to probate the house first!

Important things to know:

1. Before you go to refinance or even sell, get the probate out of the way.
2. Probate judges don’t expedite probate cases just because you’re trying to get that 4.9% interest deal of the century. Nope, doesn’t matter how bad you really need the money.
3. Probate in Florida, even summary administration, can take a month or two. In complicated cases, maybe even 6 months!
4. Even if you’re just probating mom’s house, it’s not necessarily simple. Don’t assume it’s simple.
5. Get organized. Collect the death certificates, Wills, last recorded deeds and make sure all the beneficiaries are on board.
6. If there’s no Will, ALL of the beneficiaries need to be accounted for. Yes, all of them.
7. If you’re trying to sell the property, make sure you’ve got probate in order before you sign any purchase/sales agreements. If you’re refinancing, make sure your mortgage broker or banker knows you may have to probate the property.

Just a few good tips to get your ducks in a row. PROBATE COMES FIRST!

“Quick” Question

“My mom owned a parcel of land in Lee County but was a resident of New Mexico. She died last May and we’re done with probate there. Can I just file the death certificate and deed it to me and my sister? Or do I have to go through probate in Florida as well?”

“Quick” Answer

Yes, you’ll need probate and depending on the circumstances, the estate might qualify for summary probate administration (short form probate) or more specifically, ancillary summary administration.

Probate is the process of administering a decedent’s estate. Even if the decedent resided and died in another state (the home state), that decedent also left an estate in Florida if he or she owned real property/real estate in Florida.

Essentially, because your mom owned property in Florida, she left an estate in Florida notwithstanding the fact that she called New Mexico home. So you’ll have to go through a probate administration in Florida in order to pass title of the Lee County real estate to you and your sister. Again, you might be able to take advantage of the shorter summary administration.

If you have a general probate question you’d like answered in our “Quick” Q&A feature column, send us an email to help[at]weprobateflorida.com. If you have an actual probate case and you’d like a Free Case Review by phone, fill out our quick contact form!

Attorneys bill for “attorneys’ fees” and “costs.” Attorney’s fees are the professional service rendered. Generally, the options for fee structure include: hourly fees, flat fees or contingent fees. Costs (or expenses) are the costs associated with the administration of the probate case, i.e. postage, court filing costs/fees, etc.

The ultimate “cost” of probate in Florida ultimately depends on the complexity and conditions of the probate case. Summary Administration of an estate is typically less expensive to administer than formal administration.

The sample fees that we display are for certain case scenarios and are not representative of every probate matter that we encounter.

The actual costs, or expenses or probate include:

• Court filing fees
• Recording costs
• Publishing Notice to Creditors
• Express courier or mail service (Fedex, DHL, USPS)
• Certified copies of records
• Genealogical Fees

Again, not every cost is required for every type of probate administration. We continually strive to keep costs as low as possible for our clients without sacrificing the efficiency of the process.

Click here to view our sample Florida Probate fee schedule.

If yes, then the estate is eligible for Summary Administration in the Florida probate system, even if the value of the homestead is more than $75,000.

“Quick” Question

“What is the creditor period and why do we need to publish a Notice to Creditors?”

“Quick” Answer

Under Florida law, the petitioner or personal representative of an estate must publish Notice to Creditors in the appropriate newspaper, to give creditors a chance to make valid claims against the estate for debt that the decedent incurred during his or her lifetime. This creditor period last for 90 days from the date that the Notice is first published.

“In Florida, under F.S. 735.2063 (Notice to Creditors), a Notice to Creditors may be published when an Order (of Summary Administration) has been entered. Once published, claims by creditors who are not known or are not reasonably ascertainable are forever barred unless those claims are filed within 90 days of publication.

Furthermore, F.S. 735.206 (Summary administration distribution) reads that after 2 years from the death of the decedent, neither the decedent’s estate nor those to whom it may be assigned shall be liable for any claim against the decedent, unless proceedings have been taken for the enforcement of the claim.

Laymen’s translation: If it has been less than 2 years since the decedent died, you must publish a Notice to Creditors (in the legal notices section of the newspaper of the appropriate county).

If you publish Notice on Day 1, then you’ve got to hold your breath until day 91 and hope that no creditors file a claim against the estate. Once you’re past this 90 day creditor period, claims are barred.