Manatee County Florida probate proceedings are a court supervised process for identifying and gathering a Manatee County Florida decedents assets, paying federal and state income taxes, paying creditor claims, and ultimately distributing the decedent's assets to his or her beneficiaries or heirs. A Manatee County Florida Circuit Court Judge presides over the proceedings. The Florida Probate Code can be found in Chapters 731 through 735 of the Florida Statutes. A Manatee County Florida probate estate will be administered as testate (decedent died with a valid Last Will and Testament) or intestate (decedent died without a Will).
Formal Probate Administration: The Florida formal probate process is required for Manatee County Florida estates valued at over $75,000.00. It is a court supervised proceeding where: (i) a Florida decedent's Last Will and Testament, if one exists, is accepted by the Manatee County Florida Probate Judge, (ii) a Florida personal representative is appointed to administer the estate, (iii) Notice of Administration is served on all interested individuals (surviving spouse, beneficiaries, etc.) and (iv) a Notice to Creditors is published to identify unknown creditors and sent to all known creditors. After the expiration of Florida creditor claims period (ninety days) creditors who fail to file a Statement of Claim loose their right to collect on the decedent’s debt. Once all estate assets are collected, debts and taxes are paid and after the distribution of estate assets is made to the beneficiaries, the Manatee County Florida Probate Estate is closed and the Florida personal representative is relieved of all duties and liabilities to the Estate.
Summary Probate Administration: When a Manatee County Florida probate estate has a value of less than $75,000 this simplified Florida probate process may be utilized. Under the Florida probate process the estate beneficiaries must file a petition with the Manatee County Florida probate court, request the Probate Judge approve the petition and request an order distributing the estate assets.
Ancillary Probate Administration: Ancillary Florida probate administration is the Manatee County Florida probate process conducted when a Non-Florida resident decedent dies owning Manatee County Florida real estate. The probate process is required to pass legal title to the estate asset to the estate beneficiary. If probate proceedings are required in the decedent's state of residence an exemplified transcript of the probate documents (Last Will & Testament, Letters of Administration, Order Admiting Will, etc.) and a death certificate will be required to open the Manatee County Florida ancillary probate proceeding. The Manatee County Florida ancillary probate proceeding can be handled through either the Florida Summary Administration process or the Florida Formal Probate Administration process. Under a formal proceeding a Florida personal representative will be appointed to administer the ancillary probate estate.
I have over two decades of Florida legal experience guiding families and loved ones through the Manatee County Florida probate process. A decedent's Florida probate estate can be handled through the Summary Administration process (if the Florida probate assets are valued under $75,000) or the Formal Administration process (if the Florida probate assets exceed $75,000 in value).