Comments for Probate

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Small probate
by: Ruth Tick

In general of the value of an estate is more than $75,000, the summary process is not proper, rather, the correct process is formal administration. An attorney is required for Formal Administration of Estate. But there are exceptions. Here is the statute:

735.201 Summary administration; nature of proceedings
(2) That the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $75,000 or that the decedent has been dead for more than 2 years.

This might mean two things to you. First the exempt property. Exempt property includes homesteaded real property. If part of the decedent's estate was the home that he resided in and was declared as his primary residence, then the value of the property does not apply to the $75,000.

Second, if the decedent died more than two years ago, then the summary process can still be used.

A few Florida counties refuse to accept probate documents filed pro se (without a lawyer). Their refusal is despite the Florida Statutes which are statewide. Please contact me to discuss your needs.

941-237-0951 or floridalegalforms@gmail.com or visit my site www.for-the-people-of-Florida.com

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