Not to sound like a lawyer but…it depends.
In some instances, your case my qualify for what is called disposition without administration. You can learn more here to see if you qualify. If you qualify for disposition without administration then you will not need a lawyer but, instead, need to contact the clerk in the county where the decedent resided (or where the property is held). The clerk will assist you with the application upon request and a small filing fee must be paid.
If you do not qualify for disposition without administration they chances are you have a probate matter that will either qualify for Summary Administration or Formal Administration. Summary administration of an estate is when the assets of the decedent are valued at less than $75,000.
In summary administration there will be no Personal Representative or Executor appointed, only a petitioner. Whether or not debts must be paid will depend on the type of estate assets involved and the value of the estate (our Florida probate attorney regularly negotiates with estate creditors for reduced settlements). A Florida Probate attorney will be necessary for this type of administration.
Formal administration will require a Personal Representative (also called an Executor) to be appointed. Known creditors of the decedent will receive a Notice to Creditors, as required by law. There is also a three month mandatory creditor period where the unknown creditors of the decedent are afforded an opportunity to file a claim against the estate. The personal representative and the attorney will work together in settling creditor claims and closing the estate timely. A Florida Probate attorney will be necessary for this type of administration.
Although our offices are in Coral Springs and Delray Beach, we can assist with a probate matter in any County in Florida. We regularly handle probate cases virtually, from start to finish. If you have questions about a potential probate matter, call us today to schedule a free 15 minute phone consultation to see how we can help. (954) 999-9683 or Team@llfplan.com.
Palm Beach Probate Attorney | Broward Probate Attorney | Miami Probate Attorney
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