How are the three types of probate different?

On Behalf of | Aug 31, 2021 | Firm News |

Probate is the process of the court legally finalizing your estate once you die. The process acts as an oversight to ensure your personal representative acts according to our wishes and to determine if your estate documents are valid under the law.

According to the Florida Courts, there are three types of probate in the state. The first is formal administration, the second is summary administration and the third is a non-court supervised administration process.

Formal administration

Formal probate is the most common type. Your estate will go through this type of probate if you want a personal representative. Any estate may go through this process. It does take the longest and cost the most, but it also has the most oversight from the court.

Summary administration

Summary administration is available if your estate is worth $75,000 or less. You do not need a personal representative. It may move quicker than a formal process.

Non-court supervised administration

This type of probate has the legal name Disposition of Personal Property without Administration. If your estate goes through this process, it will not involve the court. The process is only available in limited situations that meet very specific requirements, including that your estate only includes personal property and has a value equal to or lesser than the costs of your final expenses. You cannot own real estate and use this process.

The type of probate your estate will go through is something you can determine ahead of time. You will usually find it fairly easy to choose which type best matches the needs of your estate due to the varying requirements to use each option.