Your South Florida Probate Attorneys

The Boca Raton probate attorneys at Haber Legal will guide you through the process of administering a deceased loved one’s estate. The process of probating an estate involves validating the deceased’s will (if one exists), identifying and inventorying the deceased’s assets, appraising the value of these assets, paying any outstanding debts and taxes, and distributing the remaining assets to the rightful beneficiaries. Haber Legal will ensure that the decedent’s wishes are honored and that the estate is managed according to legal standards. 

Discuss your probate matter directly with our Boca Raton lawyers by contacting Haber Legal on our Contact Page or at (855) 729-8252. 

 Our Probate Law Practice

A person’s estate refers to the total sum of an individual's assets and liabilities at the time of their death. This includes everything the person owned, such as real estate, personal property, financial investments, and even intangible assets like intellectual property. When someone passes away, their estate goes through a legal process called probate, where debts are paid off and the remaining assets are distributed to the rightful heirs or beneficiaries.

In Florida, Statute § 732.402 plays a crucial role by designating certain assets as “exempt property,” which are protected from creditors’ claims. This statute ensures that the surviving spouse or children retain essential property, providing financial stability during the probate process.

Summary Administration or Formal Administration

In Florida, there are two ways of administering an estate depending on the amount of non-exempt assets. 

• Summary Administration is a simplified and expedited process available for smaller estates, where the total value of non-exempt assets is less than $75,000, or if the decedent has been deceased for more than two years. This process does not require the appointment of a personal representative, which can make it quicker and less costly. Summary administration involves filing a petition with the court to distribute the assets directly to the beneficiaries, bypassing some of the more detailed steps required in formal administration. This option is ideal for estates with minimal assets and fewer complications.
• Formal Administration is the more comprehensive and lengthy process, typically used when the estate's value exceeds $75,000 or if the decedent has been dead for less than two years. This process involves appointing a personal representative (executor) who is responsible for gathering and managing the estate's assets, paying off debts, and distributing the remaining assets to beneficiaries. Formal administration requires more documentation and court oversight, making it suitable for larger or more complex estates.