Speeding Up the Probate Process in Florida
Every estate must go through the probate process. This process transforms non-court documents into enforceable court orders. For various reasons, the probate court filing rate is much higher than the disposition rate. In other words, Florida’s probate courts are seriously backlogged. Some tips and tricks could help move a particular probate case closer to the front of a very long line.
These tips and tricks usually involve pre-probate items. Generally, a stitch in time saves nine. A good St. Petersburg probate lawyer always prepares documents with an eye toward streamlining the probate process. A lawyer is also adept at reviewing wills and other testamentary documents prepared in other jurisdictions and tailoring them to fit the needs of Florida’s probate laws. So, whether you need to build an estate plan from the ground up or just need a tune-up, a lawyer is a vital partner.
Choose the Right Type of Probate
Unlike other states, Florida offers different types of probate proceedings, mostly depending on the estate’s size and complexity:
- Most large estates require Formal Administration, the standard and most thorough process.
- Summary Administration is a faster alternative available for estates valued under $75,000 (excluding exempt property) or when the decedent has been dead for more than two years.
- Disposition Without Administration may apply to very small estates with minimal assets and no real estate.
The last two methods often significantly shorten the timeline. Sometimes, a St. Petersburg probate lawyer can wrap up these matters in a few weeks.
Trusts are usually the name of the game in this area. Trusts reduce an estate’s size, enabling even “large” estates to qualify for expedited probate review.
Plan Ahead With a Well-Drafted Will
Technical problems often delay the probate process. When judges, or more probably their clerks, spot potential technical issues, they immediately send these files to the “problem” department.
According to Woody Allen, 90 percent of life is just showing up. A properly drafted, signed, and witnessed will prevents legal disputes and simplifies the probate process. Unclear, incomplete, or contested wills cause costly delays.
Additionally, the will must appoint a capable personal representative and clearly outline asset distribution, minimizing the possibility of delays and confusion.
On a related note, schedule regular estate plan reviews, especially after a divorce or other significant life change, to avoid being blindsided later.
Avoid Probate for Certain Assets
We mentioned trust transfers above. Other assets that bypass probate altogether can save time and effort. These include:
- Jointly owned property with rights of survivorship,
- Payable-on-death (POD) accounts,
- Transfer-on-death (TOD) securities,
- Life insurance and retirement accounts with named beneficiaries, and
- Assets held in a living trust.
Properly structuring asset ownership during the decedent’s life can prevent those assets from entering the probate estate, thereby reducing the complexity of the proceeding.
Communicate With Heirs and Creditors
Don’t simply send copies of documents to heirs and creditors. Proactively communicate with them to keep them in the loop.
Clear and prompt communication with heirs and creditors helps prevent disputes. Creditors must be notified so that any claims against the estate can be resolved early. Disputes or unclear expectations among beneficiaries often cause litigation that stalls the probate process.
Work With a Diligent Sarasota County Lawyer
The essential estate planning process isn’t as complicated as many people believe it is. For a confidential consultation with an experienced estate planning lawyer in Sarasota, contact Drude Tomori Law. We routinely handle matters throughout the Sunshine State.
Source:
flcourts.gov/content/download/1334571/file/2022-23-srg-chapter-6-probate-20231219.pdf
