When someone who lived in or owned property in Florida passes, it is necessary to complete probate in the State of FL. If you have inherited a property you are interested in selling, we can help you through this process, and purchase the property days after the probate is completed.
While it may appear to be a complicated process, probate is actually (relatively) simple and fast. Every probate is different. But our experience is that the process takes 2-3 months, and the cost is typically under $2,000. Many times, the attorney who handles the probate will collect a small amount upfront to cover the hard costs (such as filing fees), and the balance is paid upon completion of and/or the sale of an asset. Our company has, when necessary, covered the up-front ‘hard costs’. If you need help with those fees, just let us know, and we will be happy to work with you.
For the purposes of this article, we are going to focus only on Estates with real property (such as a house or land).
If the value of the estate is less than $75,000 OR if the death happened more than 2 years ago, summary administration is the fastest and cheapest solution. A ‘Petition for Summary Administration’ is filed with the courts. It basically asks the judge to allow the executor of the estate to follow the instructions in the will without significant court oversight.
If the value of the estate is over $75,000 OR if the death happened less than 2 years ago, formal administration will be necessary. This process requires more court oversight and involvement. As such it is more expensive and takes longer.
This is referred to as ‘intestate’, which simply means ‘an individual who dies without a will or without a valid will’. Because the person who passed away did not leave directions as to how to split up their assets, it is up to the courts to decide. There are very specific ‘intestate succession laws’ that govern this process, which makes the process straightforward.
Keep in mind – the courts decide how to divide the property among relatives. But the courts do not do the actual dividing. They appoint someone to do it – typically a surviving spouse, or a qualified relative – who handles the logistics.
If the decedent had children or was married, follow the chart below created by smartasset.com: (also available at this link https://smartasset.com/estate-planning/florida-inheritance-laws)
| Intestate Succession: Spouses & Children (Married and/or Children) | |
|---|---|
| Inheritance Situation | Who Inherits Your Property |
| – If spouse, but no children | – Entire estate to spouse |
| – If spouse and children only from relationship with spouse | – Entire estate to spouse |
| – If spouse and children both from relationship with spouse and another person | – 1/2 of estate to spouse – 1/2 of estate to all children |
| – If spouse and children from relationship with spouse, and spouse has children with another person | – 1/2 of estate to spouse – 1/2 of estate to only your children |
| – If children, but no spouse | – Entire estate to children |
| Intestate Succession: Extended Family (Not Married / No Children) | |
|---|---|
| Inheritance Situation | Who Inherits Your Property |
| – If parents, but no spouse or children | – Entire estate to parents |
| – If no parents | – Entire estate to siblings |
| – If no siblings | – Estate split evenly between nieces and nephews |
| – If no nieces and nephews | – Estate split evenly between paternal/maternal grandparents |
| – If no grandparents | – Estate split evenly between paternal/maternal aunts and uncles |
| – If no aunts and uncles | – Estate split evenly between paternal/maternal cousins |
| – If no cousins | – Entire estate to the family of a past spouse, if the ex-spouse is deceased |
If the decedent was living in another state at the time of their death AND if probate has been completed in another state, the heirs can proceed with a simple and fast Ancillary Probate.
Ancillary probate follows the same basic procedures as above, including creditor notice. But the main difference is that, upon conclusion of the ancillary administration, the assets can be transferred to the beneficiaries or estate, and further oversight by Florida courts is not necessary.
You should consult an attorney for specific questions and advice. We are not attorneys. However, we are happy to refer you to the two firms that we traditionally work with.
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