‘Proved” would be the meaning of the word ‘probate’ in Latin. That is, the proving of a will. “Probate” refers to all aspects procedural law relating to the execution of legal wills of good standing. Probate is a much more complex legal area than it might seem. The law proscribes many formalities and technicalities that must be followed to the letter. This is to make certain that the deceased’s wishes are carried out correctly.
Historically, probate was deemed a seemingly never-ending tortuous ordeal to avoid at all costs. People like to avoid probate though the drawbacks in it have been removed by the legislation in Florida. So a number of things, such as inventories and some financial data is now sealed and not available for public consumption. Still, that’s not to say that you won’t be spending a lot of time and money to handle these estate proceedings. What’s past is prologue, it will happen again.
Since the year 1845, when Florida was officially declared a state, its legal code has included a number of provisions governing probate. So we can think of Florida Probate Code as being the one go to source for a lawyer to handle probate according to Florida Law. For example, were you aware that the Florida Probate Code authorizes various types of probate administration?
Summary Administration is another kind of administration. If their non-exempt assets are not in excess of $75,000 or their death took place more than two years before probate, a decendent’s estate is administered in this manner. In addition there’s Formal Administration when the estate has to be dealt with by the judicial system. All of the necessary forms must be completed and then submitted with the appropriate fees to the Circuit Court. A unique case number is given by the clerk, with the file receiving all filings and procedures related to the case. Last of all, there is absolutely no administration payable. This applies to estates comprised entirely of exempt property and non-exempt personal property below a certain threshold level.
Family Administration, in year back, was another probate proceeding. This option is now obsolete since 2002 however, except for plans that were filesd before that year,
The Probate Code is second nature to any Florida Probate Attorney. Very accurate and latest legal policies controlling the probate process can be ensured in this manner.