Top Florida Probate & Estate Planning Services

Virtual Probate Paralegal & Estate Planning Trust and Will Services

Probate & Estate Planning, Florida

Florida Probate and Estate Planning provide Virtual Probate Paralegal services and Estate Planning Trust and Will services to Attorneys Nationwide and Probate Legal Document Preparation services and Trust and Will preparation to Pro se Individuals throughout the State of Florida.

If you are a licensed bar attorney outside the State of Florida having clients who either own assets in the State of Florida or are a beneficiary of a loved one owning assets in Florida, we can help you with a Florida Ancillary Probate Administration.

If you are a self-represented individual who is a non-resident of Florida needing to probate a deceased loved one’s assets in Florida, we can help you as well.

All work is provided virtually from the comfort of your own home or office. You never need to go anywhere. All our work is done electronically via phone and email.

What is Probate?

Florida Probate is necessary to transfer ownership of the decedent’s probate assets to the decedent’s beneficiaries. If you are having probate issues or not sure how to obtain an Order of Summary Administration in Florida, you should know how probate works. It is necessary for you to file a petition for administration forms as part of the probate process.

The probate process involves the court to supervise the procedure for the gathering of the decedent’s assets and to pay the decedent’s debts and distribute the decedent’s assets to its beneficiaries.

Pursuant to Florida Statutes 731 through 735, there are rules which need to be followed with regard to probate procedures in order to carry this out. There are two types of probate administrations that fall under Florida probate law. 1) Summary Administration or small estate affidavits including Ancillary Summary Administration; and 2) Formal Administration which is generally used for larger estates.

Petition for Summary Administration

A Petition for Summary Administration is the process of probate application forms used when the person has been dead for over two years and all creditors of the deceased are barred, or the value of the decedent’s non-exempt assets subject to probate is $75,000 or less. Probate can mean either the decedent died with a will or not. If the decedent died without a will this is considered to be Intestate. If the decedent died with a will this is considered to be Testate.

Florida law states it is not a requirement that you obtain the services of a Florida Bar probate attorney; but that you can represent yourself pro se and obtain the assistance of a Florida Probate Legal Document Preparer. Generally, you will want to obtain the services of someone who has lots of experience in Florida Probate and has worked as a probate paralegal for attorneys for many years. You can represent yourself in a summary administration and get your own Florida probate forms online; however, those so-called “do it yourself” legal forms websites generally do not speak to you or answer your questions or assist you through the entire probate process on your individual case.

Ancillary Administration

Ancillary Administration is the probate process used when a nonresident dies with real property located in Florida, to transfer ownership of the Florida real property. This can also apply to personal property owned in Florida as well. Pursuant to Florida Statute 734.1025, the Ancillary Summary Administration Petition can be used when the decedent has been dead for 2 years or more and assets are less than $75,000.

Our legal document services include preparation of various probate forms:

Summary Administration Petition – Testate
Summary Administration Petition – Intestate
Ancillary Summary Administration Petition – Testate
Ancillary Summary Administration Petition – Intestate
Petition to Determine Homestead Status of Real Property
Petition for Ancillary Summary Administration
Proposed Order of Summary Administration
Proposed Order Determining Homestead Status of Real Property

9. Joinder, Waiver, and Consent

10. Affidavit of Heirs

11. Affidavit Concerning Criminal History

12. Notice to Creditors

13. Formal Notice

14. Proposed Order Admitting Will to Probate

15. Oath of Witness

16. Miscellaneous Forms Required by Local Courts

**We cannot represent you in court or give you legal advice. In 99% of the cases, the court will enter your order and will never require a hearing so you will never need to go anywhere!

Formal Administration

A formal administration is generally the process in which is used for larger estates over $75,000 and the decedent has passed less than two years. The Florida law requires that you obtain the service of a Florida Bar probate attorney to assist in the probate process for a Florida Formal Administration. There are other reasons why one may wish to hire a probate attorney and file a petition for formal administration even when it qualifies for a summary administration. In a formal estate administration, a personal representative is appointed by the Court.

Our legal document services include preparation of various probate forms:

1) Petition for Administration

2) Petition for Order Designating Depository for Assets

3) Oath of Personal Representative

4) Affidavit of Heirs

5) Affidavit Concerning Criminal History

6) Waivers and Consents of Beneficiaries

7) Notice of Trust

8) Proposed Letters of Administration

9) Proposed Order Appointing Personal Representative

10) Proposed Order Designating Depository for Assets

Disposition of Personal Property Without Administration

Disposition of Personal Property Without Administration is an administrative proceeding that is not court-supervised. This type of administration only applies in limited circumstances which generally involves the filing of one form in which the court will enter an order. In order to qualify for an Order of Disposition Without Administration, please refer to Florida Statute 735.301.

This process cannot be utilized to transfer real property as that would fall under a summary administration. The person who is seeking the transfer of assets must be the one who paid the decedent’s final expenses and/or final medical bills or be able to provide consents. If the funeral expenses were pre-paid by insurance or medical bills, this would not qualify.

The court will require proof of any payments made.

Assets that are exempt include:

$20,000 of household furniture, furnishings, and appliances
Two motor vehicles used as the decedent’s personal motor vehicles
Any qualifying tuition programs under Section 529 of the Internal Revenue Code

Our legal document services include preparation of various probate forms:

Disposition of Personal Property Without Administration
Disposition of Personal Property Without Administration Waiver & Consent by Interested Party
Proposed Order for Disposition of Personal Property Without Administration

Need help with Probate in Florida?

If you decide to file your Florida Summary Administration or Florida Ancillary Summary Administration case on your own, contact Florida Probate and Estate Planning today. If you feel you need legal advice, contact a Florida probate attorney. Once you have obtained some legal advice and you feel comfortable in representing yourself, go ahead and contact us by phone or through our contact form on our website for more information. We are happy to answer any questions you may have and get started on your probate forms right away.

What is Estate Planning?

Florida estate planning is a collection of estate planning legal documents that protect your assets, real estate, and personal property and explain how you wish for “your estate” to pass on upon your death. Everyone has an “estate”. If you do not have an estate plan in place, your property will be distributed based on intestacy Florida laws. Many people think they cannot afford a Florida estate planning attorney to prepare a Florida revocable living trust and will and other estate planning documents.

However, it is possible to obtain the services of a Florida Estate Planning legal document preparer or a Florida estate planning nonlawyer to assist in this matter if you do not need legal advice or tax advice.

Florida Revocable Living Trust

A Florida Revocable Living Trust is generally necessary if you are trying to avoid probate so that your assets will not go through probate court when you die. Otherwise, your beneficiaries will need to hire a Florida probate attorney or probate legal document preparer and wait for the Judge to enter an Order allowing your assets to be distributed. This can sometimes take months to years depending on if it is contested. Whether or not there is a Will, the chances of an estate being contested is more probable than if you have a Florida Revocable Living Trust. By having your assets put into a Living Trust, you can save your loved ones ample time, money, and aggravation.

Florida Last Will and Testament

A Florida Last Will and Testament will allow you to instruct the executor how to distribute your assets in your estate testate upon death. However, by having a simple will, your probate assets will still need to go through Florida probate court before your beneficiaries can obtain those assets. Many people think that a Will prevents probate but that is not so.

When making a will in Florida, whether you obtain the services of a will document preparer to assist in preparing your Florida will form, you can be as specific as you like in a Will. You can give your Bob Dylan records to your niece, Shari, and your vegan cookbooks to Sally. You can also designate a legal guardian should you have any minor children upon your death. Without a Will, or intestate, who inherits your assets or who is granted guardian of your minor children is determined by Florida law and may not be what your final wishes are at all.

Florida Living Will

A Florida Living Will is a health care directive legal document in which you would specify your request for or refusal of certain medical treatments and procedures if you should become incapacitated and have a terminal condition; end-stage condition or be in a persistent vegetative state. Usually it means you are declaring that should any of these situations occur, you are giving your expressed wishes to your treating physician ahead of time as to your life-prolonging procedures. No law in Florida requires a person to have a Living Will. You will want to make sure your primary physician and hospital have a copy of this within your medical records. However, if you do not have one, then your spouse, adult children, other family members, etc. may make the final decision and that may or may not be in your best interest and may not be what everyone agrees to.

Designation of Health Care Surrogate

Designation of Health Care Surrogate is another health care directive that any adult can add to their estate planning documents. This healthcare directive would allow you to designate a surrogate and usually, an alternate or successor surrogate should the original surrogate not be able or willing to perform its duties. This instrument designates the surrogate to make informed health care decisions and/or medical consents should you not be able to do so. This procedure and/or designation is outlined within Florida Statutes Section 765.203. Generally, you will want to provide a copy of your health care documents to your primary physician, hospital, and surrogates. Without these instruments in place, you could receive medical care or more treatment or procedures that you would not want.

Power of Attorney

A Florida Power of Attorney is usually part of your estate planning package. In which you would designate someone to act on your behalf usually for financial transactions and banking. However, if you need one for health care, you will want to have a Designation of Health Care Surrogate implemented.

There are several different types of power of attorneys in Florida.

General Power of Attorney – This allows you to give someone broad authority including making financial transactions like banking, buying or selling real estate, dealing with the government, etc.
Limited or Special Power of Attorney – This type of power of attorney is used when you wish to name someone for specific purposes and for a limited time. Maybe you are not going to be in the country and you need someone to complete a real estate closing on your behalf. This limited power generally provides for a specific and will terminate once the purpose ends or is complete.
Durable Power of Attorney – This allows for authority to a specific named person to have the power either general or specific and to stay effective even after your incapacity. Chapter 709, Florida Statutes further outlines this type of power.

Without a Florida Durable Power of Attorney and a Designation of Health Care Surrogate, should you become incapacitated, you will face the chance of needing a guardianship established in your case and this can become quite costly and cumbersome.

Declaration of Pre-Need Guardian

A Declaration of Pre-Need Guardian is often part of the advanced directives. It can be a very important part of your estate planning package. This legal document designates who will serve as your guardian if you are determined by a court to be incapacitated. This preneed guardianship document will allow you to appoint someone as your guardian should you grow older and may develop dementia and Alzheimer’s. With this Florida estate planning declaration of preneed guardian, you can designate multiple people in order of preference to be your caregiver. Without this Florida declaration of pre-need guardianship in place, you can be susceptible and vulnerable to elder abuse and exploitation.

Property Deed

Lady Bird Deed or Enhanced Life Estate Deed is a special type of property deed utilized to allow you to retain use and control over your property during your lifetime and then transfer the property to designated heirs upon your death. The great thing is that they will not need to go through probate to have this property transferred to them. With a life estate deed, the remainderman owns the property upon your death and becomes the life estate holder.

A Florida lady bird deed does not affect your homestead rights as long as you live on the property. It is suggested that if you choose to have a Florida Lady Bird deed executed, that you have it recorded to perfect and document the conveyance. This way you do not need to worry about the deed getting lost. The disadvantage to not having this Florida Life Estate Deed in place will determine that your loved ones will need to spend time, money and go through probate court to get this property transferred and it may not be how you want it to go.

Our Probate and Estate Planning services include, but are not limited to the following:

Petitions for Summary Administration preparation
Petition for Formal Administration for attorneys preparation
Petition for Ancillary Probate Administration preparation
Last Will and Testament preparation
Durable Power of Attorney preparation
Health Care Directives including Designation of Health Care Surrogate and Living Will preparation
Prepare Florida Revocable Living Trust packages including Pour-Over Will, Living Will; Durable Power of Attorney; Designation of Health Care Surrogate; HIPAA Waiver; Final Disposition Instructions; Lady Bird Deed.
Quit Claim Deeds preparation
Petition for Guardianship for Adults and Minor Children for attorneys preparation
Prepare Petition for Appointment of Guardian Advocate

How we stand out from the rest

Florida Probate and Estate Planning is a subsidiary of South Florida Legal Doc Pep Services, LLC. We are backed with over 25 years paralegal experience. We have provided probate and estate planning services to thousands of individuals throughout the country and to many attorneys doing business in Florida.

Our customers have impeccable things to say about us and we go above and beyond for our clients. We offer fast and affordable nonlawyer services and will assist you in filing your documents with the probate court.

Rates

Our rates are very competitive and generally on a low cost flat-fee basis for pro se individuals who are self-represented.

Are you a probate or trust attorney needing our assistance? We can provide a quote at an hourly rate or a fixed rate depending on how many hours you need.

Get a FREE Quote

How we stand out from the rest

Florida Probate and Estate Planning is backed with over 25 years paralegal experience. We have provided probate and estate planning services to thousands of individuals throughout the country and to many attorneys doing business in Florida.

Rates

Our rates are very competitive and generally on a low cost flat-fee basis for pro se individuals who are self-represented.

Are you a probate or trust attorney needing our assistance? We can provide a quote at an hourly rate or a fixed rate depending on how many hours you need.