Probate

The Different Types of Probate in Florida

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Dealing with the loss of a loved one is tough. It is emotionally draining, and when you add on the task of handling a loved one’s estate, it can be very overwhelming. When someone dies in the state of Florida and that person did not have all of their assets properly funded into a Trust or set up in some other manner to render the asset a “non-probate” asset, probate will need to be initiated to transfer all “probate assets” to their respective beneficiaries of heirs. If you are unsure whether probate is required in your situation, please contact the Horton Law Group, P.A. to schedule a free 30-minute consultation.  

What is a Domiciliary Probate Proceeding?

Domiciliary Proceedings are the standard probate proceedings in Florida. This means probate is initiated in the county where a person is domiciled or resides. These proceedings will control what happens to all of the decedent’s assets and debts, with the exception if the decedent died and owned properties in other states. If this is the case, a Personal Representative may need to initiate Domiciliary Probate Proceeding in Florida and ancillary proceedings in a foreign jurisdiction. If you are unsure whether probate is required in your situation, please contact the Horton Law Group, P.A. to schedule a free 30-minute consultation.  

What are Ancillary Proceedings?

Ancillary Probate Proceedings are required when a person dies and owns assets in more than one state and that person did not use the proper estate planning tools to avoid probate all together. Thus, probate will need to be opened in the state where the person died and in all other foreign jurisdictions where the person owned property.  Thus, is it critical to have your estate plans prepared by an experienced estate planning attorney – like we always say, “see us before you go.” Please call 561-299-0018 to schedule your free 30-minute consultation with Attorney Sommer C. Horton. Ms. Horton has been drafting estate plans for almost 20 years. She will provide you with the personal attention and quality legal counsel you deserve.   

However, if someone you loved did not have their estate plans in order and you are unsure what type of probate is necessary, or if probate is necessary at all. Please contact the Horton Law Group, P.A. to schedule a free 30-minute consultation.  

What is Formal Administration Probate Proceedings?

Formal Administration is one of Florida’s Traditional Forms of Probate. All estates are eligible for Formal Administration. However, Formal Administration is required if “non-exempt” assets exceed $75,000.00 and it has been less than two years since the decedent passed. (Fla. Stat. § 735.201). There are advantages and disadvantages to waiting 2 years from the decedent’s death to initiate probate. If you are unsure whether probate is required in your situation, please contact the Horton Law Group, P.A. to schedule a free 30-minute consultation.  

What is Summary Administration Probate?

Summary Administration is one of Florida’s other Traditional Forms of Probate. Per Florida Statue § 735.201, Summary Administration is only available to decedents who have less than $75,000.00. Summary Administration is less formal than “formal administration,” meaning some of the strict probate rules and procedures are relaxed.  However, it can still be quite daunting. If you are unsure whether probate is required in your situation, please contact the Horton Law Group, P.A. to schedule a free 30-minute consultation.  

Do I need a lawyer to represent me in probate Court?

In nearly all Florida probate cases, it’s important, and typically required, that the Personal Representative of an estate have legal representation. (Florida Statute § 733.106).

Why Hire the Horton Law Group, P.A?

The principal partner at the Horton Law Group, P.A., Attorney Sommer C. Horton, has been litigating probate cases for 20 years. She is an experienced and aggressive estate litigator. She is highly regarded for her creativeness, strategic judgment and her uncanny ability to deliver persuasive legal arguments in the courtroom. She has a tremendous skill for being an aggressive advocate for her clients, while being one who understands and appreciates how trying litigation can be, thus, she is extremely sensitive to her clients’ needs. 

Ms. Horton is passionate about the law and believes in seeking justice for her clients in an ethical and economic manner. Ms. Horton fights for each and every one of her clients – every step of the way. Ms. Horton will spend time with you to make sure you understand the law, understand your rights and she will draft your estate plans for you so that you and your family are protected. In addition, she can assist you with your business planning, estate planning and asset protection needs too. 

The Horton Law Group, P.A. is a boutique civil litigation law firm that only takes on a limited number of cases so that personal attention can be given to every client. Make the right call – schedule a free 30-minute consultation with Ms. Horton. You can make an appointment by calling 561-299-0018 or emailing legalsupport@hortonlawgroup.com

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