Assisting Clients With Formal Probate Proceedings in Pasco & Hernando Counties
Residents of Pasco and Hernando Counties can turn to The Lyons Law Group, P.A., for help with formal probate. Since our founding in 2008, our firm has handled countless estate planning and administration matters, and our estate administration attorneys have the skills and experience necessary to effectively represent clients in probate proceedings.
When Is Formal Probate Used?
In Florida, there are two types of probate proceedings: formal probate and summary probate. The more common of the two—formal probate (sometimes referred to as formal administration)—will generally be used when both of the following requirements are met:
- The decedent’s estate (not including exempt assets) is at least $75,000.
- The decedent has been dead for less than two years.
If either of the above requirements isn’t met—for example, if the decedent’s estate is less than $75,000, or if he or she has been dead for more than two years—then a simplified alternative known as summary probate may be used (with some exceptions).
What Happens During Formal Probate Proceedings?
In a formal probate proceeding, the court will appoint a personal representative (also known as an executor) to administer the decedent’s estate. Some of the personal representative’s many duties include:
- Identifying, collecting, valuing, and protecting the decedent’s assets
- Notifying the estate’s creditors of their right to make claims
- Objecting to and defending against any improper claims
- Paying valid claims, statutory amounts for the surviving spouse and family, taxes, and the expenses of administering the estate
- Distributing remaining assets among the estate’s beneficiaries
While summary probate proceedings can typically be completed in just one or two months, formal probate will usually take at least six months.
Request a Free Consultation
If you’d like to review your options with one of our firm’s estate administration lawyers, contact The Lyons Law Group, P.A., today. We’ll gladly schedule an initial consultation at whichever of our two locations is most convenient for you—we have offices in New Port Richey and Spring Hill—so that we can tell you more about the differences between formal probate and summary probate and help determine which is appropriate for your case.