A Law Firm Assisting Legal Professionals And A Broad Spectrum Of Clients
Florida probate attorney Eric S. Kane helps individuals and families statewide with their probate needs. He also works with probate lawyers nationwide and in other countries whose clients have property interests in Florida.
Attorney Kane’s commitment to excellence in legal advocacy for his clients has resulted in many noteworthy accolades such as inclusion on Florida’s Super Lawyers list for top-rated estate planning and probate attorneys. Fewer than 5% of the state’s estate planning and probate attorneys are candidates for this accolade.
Comprehensive Advocacy For All Types Of Probate
Florida’s probate courts shepherd the process of distributing the assets and closing the final affairs of those who have died in the state as well as those who have died in other locations but have property interests in the state. Depending on the value and complexity of your loved one’s assets and debts, there are several different probate processes to choose from.
Eric S. Kane, P.L., is a Florida law firm representing clients in formal probate administration, summary probate administration, and ancillary probate proceedings statewide. Mr. Kane will help you with determining which proceeding is suitable for your loved one’s estate. There are several types of probate administration including:
Formal administration – Formal administration is the probate process that must be followed if the total value of your loved one’s probate estate in Florida is more than $75,000, less property that is exempt from creditors’ claims.
Many times formal administration is commenced when the heirs or beneficiaries are trying to sell real property and are notified by the title company that in order to have clear title a personal representative will need to be appointed and probate proceedings will need to occur.
Other times heirs or beneficiaries determine that formal administration is necessary when they determine that their loved ones had bank or brokerage accounts in their individual name without a transfer on death (TOD), payable on death (POD), or beneficiaries listed.
In addition, under Florida law, in order to proceed with wrongful death litigation, it is necessary for formal administration to occur and a personal representative to be appointed. Wrongful death litigation may include medical malpractice, motor vehicle accidents, and other casualty events. Clients whose loved ones were eligible for relief from the 9/11 Victims Compensation Fund and passed away as residents of Florida must also open formal administration to have a personal representative appointed to continue with the claims process.
Summary administration – Summary administration is generally for estates with a total value under $75,000, less property which is exempt from the claims of creditors, or if your loved one died more than two years ago.
Disposition without administration – If your loved one’s assets consist only of property classified as exempt from the claims of their creditors and is under the total of (1) a certain amount of their funeral expenses and (2) their final hospital and medical treatment costs in the last two months of their life.
Ancillary probate administration – If your loved one was not a resident of Florida but owned real estate in Florida in their individual name, such as a timeshare, second home, vacant land, ranch, or farmland, their property will be subject to a Florida probate action for proper distribution. This type of probate usually begins at the same time probate in their home state commences. Florida law also provides a mechanism for probate proceedings of a non-resident to occur only in Florida, if the sole assets to be probated are the Florida property and probate proceedings in their home state were not needed.
Probate administration for Non-U.S. citizens – When a green card holder dies as a resident of the United States, their estate will pass through the state’s probate process in the state where they were a resident. Probate may also have to commence in other states and countries where the deceased green card holder held property.