Practice Areas

Summary, Formal & Ancillary Probate

Florida has three types of probate proceedings to transfer title of a decedent's assets.

Summary Administration — The Fastest

F.S. 735.201(2) provides that summary administration may be used for either a resident or non-resident decedent’s estate if (a) the value of the decedent’s entire estate subject to administration in this state, exclusive of exempt property, does not exceed $75,000; or (b) the decedent has been dead for more than two years, regardless of the size of the estate.

Time Frame: Usually 1-4 months for simple, uncontested administrations.

Attorney’s Fees: After reviewing the will (if there is one), inventory, and death certificate, we can give your client a reasonable estimate of our fees.
Formal Administration

This administration must be used if the decedent’s estate does not qualify for summary administration: the decedent's estate exceeds $75,000, or the decedent has been dead for less than two years, or the will requires formal administration. Strategically, if the decedent had all assets in a trust, formal administration may be advisable to clearly cut off creditor claims.

Time Frame: A simple, uncontested formal administration can be a minimum of 4 months. More complex estates range from 6 months to 1 year. If a 706 is required additional time may be required to close out all issues with the IRS.

Florida Probate Attorney’s Fees: F.S. 733.6171 sets forth a presumptive statutory fee schedule; for estates above $100,000-$1 million the fee is 3%; above $1 million-$3 million the fee is 2.5%; above $3million-$5 million the fee is 2%. Additional fees may be charged at an hourly rate for extraordinary services, such as sale of real estate, preparation of a 706, etc.
Ancillary Administration

If the decedent has a will that is being probated in another state, the non-resident may qualify to petition the court to admit the decedent’s foreign will to record. Once the foreign will is admitted to record by order of a Florida court, the will shall be as valid and effectual as if it were executed in Florida allowing for the probate of the non-resident's Florida property. The qualifying criteria for this type of petition are very narrow and should first be discussed with a Florida attorney. F.S. 734.104.

Learn More

To learn more about Florida Probate, request our guide, Florida Probate Quick Reference, at info@raricklaw.com.

Experience Matters

Rarick, Beskin & Garcia Vega, P.A. has assisted Florida families and business persons for over 17 years. Our firm has worked with over 400 similar law firms located in states outside of Florida to represent their clients in legal matters concerning Florida probate. To schedule a meeting, call (305) 556-5209 or (954) 566-1151, or email info@raricklaw.com.

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