There are a number of probate types administered in Broward County, Florida.
Eric S. Kane, P.L. represents clients in all forms of probate proceedings in Broward County, Miami-Dade County, and every Florida County. If the decedent leaves a valid will it must be admitted to probate in the Court. If the will is not admitted it will be ineffective to pass title to the beneficiaries. If the decedent has no will, probate is necessary to pass ownership of the assets to those persons who are to receive them under Florida law.
Formal Administration is the probate process that must be followed if the value of the estate subject to Probate in Florida (less property which is exempt from the claims of creditors) is greater than $75,000 and the estate has been opened within two years of the decedent’s death.
Summary Administration is generally available if the value of the estate subject to probate in Florida (less property which is exempt from the claims of creditors) is not more than $75,000 or the decedent has been dead for more than two years.
Probate Administration of a Non-Resident: If a non-Florida resident dies owning real estate in Florida, as is the case with many non-Florida residents who own a second, home, vacation home, timeshare or a vacant lot in Miami-Dade County, and does not commence probate proceedings in the domiciliary state (“state of residence”) probate administration proceedings can be opened in Florida to pass the Florida real property to the estate’s beneficiaries.
Disposition Without Administration is available only if estate assets consist solely of property classified as exempt from the claims of the decedent’s creditors by applicable law and non-exempt personal property, the value of which does not exceed the total of (1) up to $6,000 in funeral expenses; and (2) the amount of all reasonable and necessary medical and hospital expenses incurred in the last 60 days of the decedent’s final illness, if any.
Ancillary Probate Administration is the process used when a resident of a state other than Florida dies owning real estate in Florida, as is the case with many non-Florida residents who own a second home, vacation home, vacant lot or timeshare in Miami or elsewhere in Florida and probate proceedings have already commenced in the the decedent’s domiciliary state (“state of residence”).
In order to pass the Florida real propertyto their heirs, a Florida Probate action is required to be opened. Ancillary Probate typically commences at the same time that the probate action in the state of residence is handled.
Probate Administration for Non-U.S. Citizens: If a green card holder dies as a resident of the United States, his or her estate will be required to go through the probate process of the state where that person was a resident. Additionally, ancillary probate in the other jurisdictions where the decedent held property may be required.
If a non-resident alien dies owning property within the United States, in many cases that property will be required to pass through a probate process.
Probate of a Florida Timeshare is the process when a non-Florida resident or Florida resident dies owning a Florida timeshare in their individual name. If the timeshare is owned by a non-Florida resident in their individual name, as is the case with many Florida timeshares then the timeshare will need to be probated in the Florida county where the timeshare is located. If probate administration has occurred or is currently ongoing in the decedent’s domiciliary (home) state then an Ancillary probate administration may be commenced.
If the timeshare is owned by a Florida resident it will be inventoried and probated with the decedent’s other probate assets in the Florida county where the decedent resided prior to death.
The information you obtain at this site is not considered to be all inclusive, nor is it intended to be legal advice. You should consult an attorney for individual advice regarding your own situation. The hiring of a attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask Eric S. Kane, P.L. to send you free written information about our qualifications and experience.