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Probate

Have you recently lost a loved one and are in the process of probate? Have you been named the personal representative of an estate? If you want to protect your interests, contact our Orlando attorneys who can guide you through the difficulties of probate.

DEFINING PROBATE

Probate is the administration of a person's estate after death, which includes validating a will (if there is one) and settling the estate. Under Florida law, there are two types of probate that depend on the size of the estate. A summary administration is a shorter process for small estates that are valued at $75,000 or less, while a formal administration is the full probate process for larger estates. A summary administration is also available if the decedent has been dead for two years or more.

After someone's death, their estate becomes either testate or intestate. An estate is testate if the decedent left a valid will, and it is intestate if he or she has not left a will, in which case the State of Florida will dictate the distribution of assets. A testate estate uses the will as a set of instructions to determine distribution and looks to the personal representative named in the will to administer the estate.

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