Probate – Estates, Wills & Trusts

Probate is a legal process through which the assets of a deceased person are properly disposed.

The Court oversees the estate to make sure debts are paid and proper distribution is made. Probate is needed when a court order is required to transfer ownership or to distribute the assets of the estate. Probate matters include:

• Wills filed upon the death of the decedent, without opening an estate
• Estates, both with or without a will (testate and intestate)
• Trusts
• Caveats

Proceedings in Probate:

The following are the different types of proceedings for probate.

Disposition of Personal Property without Administration:

Disposition of Personal Property without Administration may be filed when the decedent left only personal property exempt from probate under Section 737.402, Florida Statutes, and left non-exempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness.

Summary Administration:

Summary Administration may be filed when the value of the entire estate does not exceed $75,000, or the decedent has been dead for more than two (2) years.

Formal Administration:

Formal Administration is administration other than summary administration. A personal representative is appointed, and letters of administration are issued so that he or she may complete the administration of the estate.

NOTE: Florida law prevents staff of the Lake County Clerk’s Office from providing legal advice. The information, forms, and documents contained on this website are provided to help those seeking to represent themselves without the assistance of an attorney and are meant to serve as a guide only.

We do not guarantee that the information provided will achieve the result you desire. If you are using the forms or documents provided on this website, you do so at your own risk.