Estate Planning Law Office of Mary Alice Gwynn, PA
Providing Personal, Caring Estate Planning Service To All Of South Florida.

What Are The Types Of Probate Proceedings ?

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Generally there's three types of probate proceedings. There is a formal testate, meaning when someone passes away with a will, or a formal intestate, when someone passes away without a will. In either one of those situations of formal administration the assets are above $75,000.00, there's also a personal representative or an executor appointed to administer the estate after death. There is a summary administration when the property of the decedent is less than $75,000.00. In those situations, it's an informal proceeding, there's not a personal representative appointed. There is only an order from the court that transfers that particular asset.

The third type of probate proceeding and we call it an ancillary proceeding. Generally these arrive when the individual that passed away is domiciled or is in another state, a resident of another state where a probate may be pending in that state, but in order to transfer a piece of real property that they may own in Florida, they have to open up an ancillary administration. Again, you have the same financial caps if it's over $75,000.00, this ancillary's gonna be formal. If the asset's under $75,000.00, then it's gonna be a summary ancillary administration.

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