Wills, Trusts & Probate

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Probate

What is Probate

Probate is a court-supervised process for ensuring that a deceased person’s assets are properly distributed after their death. Assets are used first to pay the cost of the probate proceeding, then outstanding debts, and the remainder is distributed to the beneficiaries or heirs.

 

When is Probate Needed

Probate is a legal process through which the assets of a deceased person are properly distributed to the beneficiaries of the decedent, or heirs of the decedent. The Court oversees the estate to make sure debts are paid and proper distributions are made. Probate is needed when a court order is required to transfer ownership or to distribute assets of the estate.

Probate documents are filed with the Clerk of the Court in the county where the deceased person lived at the time of his or her death.

Probate is not needed all of the time, for instance if the decedent was a joint owner of property.

We can answer your probate questions, do not hesitate to schedule an appointment.

Proceedings in Probate

There are three different types of probate proceedings in the state of Florida, which are:

1) Formal Administration – this is used when there are considerable assets or other special circumstances. A Personal Representative (Executor) will be appointed and letters of administration will be issued so that the Personal Representative may complete the administration of the estate.

2) Summary Administration – this is used when the entire estate does not exceed $75,000.00

3) Disposition of Personal Property Without Administration- this is filed to request release of assets to the person who paid the final expenses, such as funeral or medical bills for the last 60 days. The form required to file this proceeding should be available in the Clerk’s Probate Division. You may qualify for this procedure if you meet all three of the following criteria:

a) The value of the assets are less than $6,000;

b) You paid the final expenses, such as funeral bills or medical bills for the last 60 days; and

c) These expenses are close to the value of the assets

We can answer your probate questions, please do not hesitate to call and schedule an appointment.

 
Katina Pantazis is an accredited attorney for the preparation, presentation,
and prosecution of claims for Veteran’s benefits before
the Department of Veteran Affairs.

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Katina Pantazis, P.A.
13710 N US HWY 441 – Suite 500
The Villages, FL 32159
Phone: 352-600-2987 or 352-750-9566