How to Avoid Probate

Whether a loved one has recently passed away or you have been avoiding dealing with their estate, the probate process can be incredibly long and drawn out for those mourning the loss of a loved one. Depending on the size of the estate you are dealing with, you may be able to avoid probate, saving yourself time and money.

In Florida, if the property left behind by the deceased falls below a certain amount, or if the estate is not very complicated, you may be able to transfer the property more easily, and with fewer difficulties than traditional probate. This probate shortcut is for “small estates.”

The first of the simplified probate proceedings available for Florida is called “summary administration.”

The estate in question can qualify for summary administration if one or both of the following are true:

  •     It has been two years since the death, OR
  •     The probate estate is valued at less than $75,000 (the total of all property that the deceased person left behind)

Essentially, summary administration is full probate processed in a sped-up manner. While the summary administration is a more straightforward process, it can be challenging to navigate on your own, and an experienced probate attorney can help make this process easier.

The second simplified probate process available for small estates in Florida is called “disposition without administration,” which allows for an informal process instead of probate.

To qualify for this shortcut, no real estate can have been left behind by the deceased, and the estate property cannot exceed the following:

  •     Exempt property as defined by Florida Law (such as household items and furniture under $20,000 in value, in addition to two vehicles)
  •     Personal property exempt from creditor claims (under $1,000)
  •     Funeral expenses of no more than $6,000, and
  •     Necessary and reasonable medical expenses of the last illness that incurred no more than 60 days prior to death.

This means that if the estate you are handling does not exceed the above amounts, the estate can be settled swiftly because there are no remaining assets once these amounts are paid out.

At the Law Office of Ray Garcia, we understand that dealing with the probate process while handling the loss of a loved one can be incredibly difficult. We want the process to be as simple and seamless as possible for you during this time. Contact The Law Offices of Ray Garcia for representation through the simplified probate process.

The following two tabs change content below.

Law Office of Ray Garcia, P.A.

Our mission is to provide our clients with legal services that not only meet their needs but exceed their expectations. We approach all practice areas with care, knowledge, experience, and determination. Trusted In South Florida For Decades.

Latest posts by Law Office of Ray Garcia, P.A. (see all)

Skip to content