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Florida Probate Basics

Summary Administration

Formal Administration

Ancillary Administration

Simple Guide to Probate

Herbert L. Allen, Jr., P.A. Attorney │ +Personal Legal Care+

Simple Guide to Probate │ Herbert L. Allen, Jr., P.A. Attorney │ 321.237.2869


■ Formal Probate Administration

■  Summary Probate Administration

Ancillary Probate Administration

■  Intestate Probate Administration

Testate Probate Administration


 

Herbert L. Allen, Jr., P.A. welcomes you to Florida Probate Law.

 


Herbert L. Allen, Jr., P.A. Attorney │ +Personal Legal Care+

Simple Guide to Probate │Herbert L. Allen, Jr., P.A. Attorney │ 321.237.2869

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Let me explain the white seal. The seal stands for Attorney in Christ. In all my life, I strive to glorify Jesus Christ in all that I do. I fall short at times, but I press on. He loves me everyday. God does not discriminate based upon race, national origin, age or gender, because He loves everyone. Therefore, I do not discriminate against anyone. Herbert L. Allen, Jr., P.A. Attorney provides this Simple Guide to Florida Probate so that you may find help in a time of legal need. Reasonable Fees. No office visit required. We can get started right away. I answer my own telephone.  Simple Guide to Probate │Herbert L. Allen, Jr., P.A. Attorney │321.237.2869

 

Florida Probate Overview

Herbert L. Allen, Jr., P.A. Attorney provides attorney services for estate planning,  probate, living trusts, summary administration, formal administration, guardianship, and online help for people needing help with probate in Florida. So, if you live outside of Florida, and need help settling a probate matter in Florida, please give me a call at 321.237.2869. I have probated estates in North Florida, Central Florida and South Florida. I have helped people who live in Colorado, New York, Pennsylvania, Georgia, and other states with their Florida probate needs, including Summary Administration, Formal Administration, and Ancillary Administration. I answer my own telephone at 321.237.2869 and give personal attention to each call and each case.Simple Guide to Probate │ Herbert L. Allen, Jr., P.A. Attorney │321.237.2869

If you have been named a personal representative under a Florida will, then I can provide help in understanding the probate process and guiding you through the court system. I have outlined some basics below. Simple Guide to Probate │ LawOnline Probate │ 321.237.2869


Simple Guide to Probate │ Herbert L. Allen, Jr., P.A. Attorney │ 321.237.2869

 

Three Forms of Probate

Florida Probate law provides different types of probate. In Florida, you may file for Summary Administration, Formal Administration, and Disposition of Personal Property without Administration. I have experience with all three types of probate. Not every estate will qualify for each type of probate. We will need to take time to determine which type of probate may be best. Before you hire a probate attorney, I suggest you discuss attorney’s fees with the attorney. Attorney Herbert Allen has experience with Florida probate case. I answer my own telephone at 321.237.2869 and I welcome your call. Free initial consultation. Simple Guide to Probate │Herbert L. Allen, Jr., P.A. Attorney │ 321.237.2869

 

Summary Administration

Summary Administration provides a stream-lined form of probate, without appointing a personal representative. In Florida Statute 735.203, you may read about a petition for summary administration. Not every probate estate will qualify for summary administration. Florida Statute 735.201 limits the types of estates that qualify for summary administration. If you want to know more about summary administration, and its benefits and limitations, then please contact Attorney Herbert Allen. Compared to formal administration, I generally charge less in attorney’s fees (often about $750.00 in attorney’s fees plus costs) for estates that qualify for summary administration. I recommend that we carefully review the probate matters and make a clear decision about what form of probate to follow. In some cases, the probate matter may qualify for summary administration, but other issues may call for a formal administration. I have experience with summary administration. I answer my own telephone and welcome your call at 321.237.2869. Free initial consultation. Simple Guide to Probate │ Herbert L. Allen, Jr., P.A. Attorney │321.237.2869

 

Formal Administration

Formal Administration involves appointing a personal representative, admitting the will to probate (if the decedent left a valid will), notifying creditors and beneficiaries, collecting and managing assets, paying the valid and timely claims of creditors, dealing with exemptions, allowances and special claims, distributing assets, and closing the estate. Of course, I can only hit some of the highlights here, and I did not describe everything that takes place in a probate case. The personal representative has special duties and powers and I provide legal advice to personal representatives as they administer probate estates. If you need help with a probate matter, please call attorney Herbert Allen. I have experience with formal administration. I answer my own telephone at 321.237.2869 and welcome your call. Free initial consultation. Simple Guide to Probate │ Herbert L. Allen, Jr., P.A. Attorney │ 321.237.2869

 

Disposition without Administration

Florida probate law allows for the special distribution of exempt personal property, if the estate qualifies under Florida Statute 735.301. In order to qualify, the estate of the decedent must: (1) leave property exempt from the claims of creditors; and (2) the value of the nonexempt property must not exceed the “sum of the amount of the preferred funeral expenses and the reasonable and necessary medical and hospital expenses of the last 60 days of of the last illness.” As you can see, this form of probate has very tight restrictions. Attorney Herbert Allen has experience with Disposition without Administration. If you have questions, please call me. I answer my own telephone at 321.237.2869 and welcome your call. Free initial consultation. Simple Guide to Probate │ Herbert L. Allen, Jr., P.A. Attorney │ 321.237.2869

 


How Long Does Probate Take?

As you can see from the discussion above, the length of the probate case depends in part upon the type of probate. The case may take from a few weeks to many months, and in some cases, a year or more. In some cases, the personal representative must be careful to notify heirs who may not be found easily. In other cases, it may take time to sell property and distribute assets. Sometimes, lawsuits arise because someone feels they are entitled to money or property from the probate estate, or someone wants to challenge the will or bring another matter before the court for a decision. Lawsuits may extend the length of the probate and may cost the estate more in attorney’s fees. Other factors may also delay closure of the probate estate. Patience may be a strong virtue at times when probating estates. Even so, the personal representative must make a reasonable effort to close the estate as soon as possible. Simple Guide to Probate │ Herbert L. Allen, Jr., P.A. Attorney │ 321.237.2869

 


Florida Probate Basics

If you have questions about serving as personal representative of a probate estate, and seek help with a Florida probate case, Attorney Herbert Allen can guide you through the probate process. I have been practicing in the the Melbourne area for many years and have experience in the Brevard County Probate Court. If you have a fairly small probate estate, we may be able to move through the probate process fairly quickly using Summary Administration. If your case will not qualify for Summary Administration, then Formal Administration provides another path for moving the estate through the court process. Formal probate administration involves filing an inventory, providing a notice to creditors, notifying interested parties, accounting for finances, distributing assets, and performing all the things required by probate law.   Probate involves conducting a diligent search for creditors, objecting to improper claims, searching for both assets and creditors, and filing different notices with different entities.  Probate takes time and effort. Depending upon several factors, Florida law provides for different types of probate proceedings.  The law seeks to protect the rights of everyone involved in the process without making the procedures too great a burden for everyone to endure.  I answer my own telephone at 321.237.2869 and welcome your call. The initial consultation is free. Simple Guide to Probate │ Herbert L. Allen, Jr., P.A. Attorney │ 321.237.2869

 


Free Consultation

If you need help with probate matters, please give Herbert Allen a call at 321.237.2869. I answer my own telephone and look forward to hearing from you. Simple Guide to Probate │ Herbert L. Allen, Jr., P.A. Attorney │ 321.237.2869

 


Will Video

Simple Guide to Probate

Herbert L. Allen, Jr., P.A. Attorney │ +Personal Legal Care+

Simple Guide to Probate │ Herbert L. Allen, Jr., P.A. Attorney │321.237.2869

Welcome to Herbert L. Allen, Jr., P.A. Attorney. This law firm provides legal service to all of Florida, including Indialantic, Melbourne, Melbourne Beach, Palm Bay, Cocoa Beach, Patrick Air Force Base, Rockledge, Viera, Titusville, Port St. John, Suntree, Palm Shores, South Patrick Shores, Indian Harbour Beach, Satellite Beach, Merritt Island, Cape Canaveral, Malaber, Micco, Grant-Valkaria. We do not have to meet in my office in some probate cases. We may be able to handle everything through online and electronic means. Probate Guide │ Probate Attorney │ Compare Fees│ 321.237.2869

Herbert L. Allen, Jr., P.A. Attorney │ +Personal Legal Care+

Simple Guide to Probate │ Herbert L. Allen, Jr., P.A. Attorney│321.237.2869

Welcome to Herbert L. Allen, Jr., P.A. Attorney. This simple guide to probate should not be mistaken for legal advice. I am not giving legal advice and so do not rely upon anything in this article as legal advice. I am only providing a basic overview of the probate process; I did not include many important steps and practices. Probate Guide │ Probate Attorney │ Compare Fees │ 321.237.2869

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