PROBATE

What happens to my property when I die? 

How do I change the ownership of my mother’s house after she has passed away?

When a person passes away, their Estate enters a process known as Probate. In Probate, the individual’s assets and property are identified and verified, creditor claims against the estate are identified, negotiated and paid, and taxes against the estate are determined.

If the individual had a Last Will and Testament or other Estate Documents that affect the Estate, these documents will be disclosed and, if valid, the instructions contained therein will be followed.

Under Florida law there are three common types of probate administration:

  • Formal Probate Administration: typically used when the value of the estate’s nonexempt assets exceed $75,000.
     

  • Summary Probate Administration: used when the value of the estate is less than $75,000. A Summary Probate Administration may also be used if the owner of the estate has passed away more than 2 years before the estate has entered Probate regardless of the value of the estate’s assets.
     

  • Ancillary Administration: used when a person who lived outside of Florida passed away but owns assets, such as a house, in Florida.

 

Probate legal issues typically involve, but are not limited to:

  • Undue influence in the creation or amendment of the decedent's Last Will and Testament or Trust;

  • Property and asset distribution disputes;

  • Alleged malfeasance by trustees or personal representatives;

  • Elective share contests;

  • Trust or Last Will and Testament disputes; or,

  • Lack of mental capacity.

For more information, visit our YouTube Channel and view our videos, "Trust Funds 101 - Part 1 - What is Probate?" and "Trust Funds 101 - Part 2: Why Avoid Probate?"

Contact Kimberly M. Soto at 321.972.2279 about your Estate Planning and Probate needs.

The Soto Law Office, P.A. is conveniently located in Altamonte Springs, FL near I-4, and proudly serves all residents in Altamonte Springs, Apopka, Casselberry, Longwood, Ocoee, Orlando, Orange County, Osceola County, Lake County, Seminole County, Volusia County, and throughout Central Florida.

Serving Brevard, Lake, Orange, Osceola, Seminole, and Volusia Counties

Telephone: (321) 972-2279

Fax: (407) 386-7165

Wekiva Springs Office Park • 415 Montgomery Road, Suite 111 • Altamonte Springs, FL 32714

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