QUESTION

Will with everything left to me. Need it Probated.

Asked on Sep 04th, 2014 on Wills and Probate - Florida
More details to this question:
My grandmother left me her home an property in her will. Ive found out I need it Probated. I dont know how I go about this at all.
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1 ANSWER

Estate Planning Attorney serving Jacksonville, FL at The Coleman Law Firm, PLLC
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In Florida there are two main types of probate:  (1) Summary probate administration and (2) Formal probate administration.  If the home was her homstead and the personal property is valued at less than $75,000, then a summary administration may be possible.  If the personal property exceeds $75,000 in value, or if the home was not her homestead, then it may be necessary to conduct a formal probate administration. A summary administration is relatively quick and much less burdensome. One issue that may arise with the summary administration relates to whether you intend on selling the property within two years of the date of your grandmother's death.  In that event, you may want elect a formal administration rather than a summary administration.  Many title insurance companies require the formal administration to ensure that there are no creditor claims that may create a cloud on title. Consultation with an experienced probate attorney can help you determine whether the use a summary administration or a formal administration. Generally, in Florida, it is necessary for the personal representative named in the last will and testament to retain an attorney to represent her in the probate court.
Answered on Sep 05th, 2014 at 2:41 PM

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