Get The Florida Bar's Probate Rules Committee (committee) Has Filed An Outof-cycle Report Proposing

Florida Probate Rules Committee. The scope and function of the Probate Rules Committee is to carry out the mandate of Rule 2.140, Florida Rules of Judicial Administration, concerning the proposal of new rules of procedure and changes to existing rules.

(2) Exempt property shall consist of: (a) Household furniture, furnishings, and appliances in the decedent's usual place of abode up to a net value of $20,000 as of the date of death. (b) Two motor vehicles as defined in s. ... (c) All qualified tuition programs authorized by s. ... (d) All benefits paid pursuant to s.

Florida Statute 735.201 and Florida Probate Rule 5.530 allow for Summary Administration when the value of the entire estate, less the value of exempt property does not exceed $75,000 or that the decedent has been dead for more than two years.

Florida Probate Rule 5.490 requires that the Claim be filed in duplicate with one copy containing an original signature. The clerk will mail the copy of the claim to the Attorney for the Personal Representative.

ing to Section 735.201 of the Florida Statutes, summary administration in Florida can be done if the person has been deceased for over two years or if the assets are less than $75,000. If the person has been dead for over two years then there is no cap in the amount of assets of the administration.

– Most assets go through probate court in Florida. However, if the decedent has a well-executed trust document the family may avoid probate court. Also, any property held in joint tenancy with full survivorship rights avoids probate court.

If property, bank accounts, insurance policies, annuities, 401K plans, and all assets have beneficiaries or joint owners, probate is unnecessary. However, without a will or trust all assets must pass through probate court if no beneficiary or joint owner is named.

Formal administration is required for any estate with non-exempt assets valued at over $75,000 when a decedent died less than two years ago. Formal administration is also required any time that a personal representative is needed to settle the affairs of the decedent.