The Probate, and Guardianship Department maintain the files on probate estates, wills, and guardianships for both minors and incapacitated persons. The department monitors, files, and stores all pending case files and all wills that have been deposited with the Probate Department.
Probate is a legal process through which the assets of a deceased person are distributed to the heirs or beneficiaries. Probate is necessary whenever a deceased person leave assets in their name alone. A party then files a petition for probate that allows distribution of the assets to be made. There may be a court appointed individual or personal representative who will be responsible for the estate until all bills are paid and the balance of the estate is distributed to the rightful beneficiaries. The petition is normally prepated by an attorney. As in all probate proceedings, a hearing MAY be necessary since all probate and guardianship cases are presented to the court for consideration of all orders.
Guardianships are filed for minors, incapacitated persons, veterans, and voluntary. Guardianships are filed for minors when the minor child has inherited money or property in excess of $15,000, or received money from a settlement in excess of $15,000. In this case, a guardian of the property is all that is needed if the minor child's parents are living. If a minor Child's parents are deceased or unable to be appointed as guardian, he/she may need a guardian of the person and property. An individual, through their attorney, files for a guardian to be appointed for an adult person when they believe that person is not mentally capable of taking care of himself/herself. The court appoints a committee to evaluate the person and make their report to the court. Guardians can be appointed as guardian of the person only, property only, or person and property.
Every Guardian and every Personal Representative, unless the personal representative remains the sole interested person, shall be represented by an attorney admitted to practice in Florida. (Rule 5.030).
A Disposition of Personal Property Without Administration
This type of proceeding is used to request release of the assets of the deceased to the heirs or other qualified parties. Under Section 735.301 , Florida Statutes, the estate must consist of personal property exempt from claim of creditors (see Section 732.402 Florida Statutes), and nonexempt personal property that does not exceed the sum of preferred funeral expenses (which are now $6,000) and reasonable medical and hospital expenses of the last 60 days of the last illness. There cannot be any real estate in the property. The filing fee for the Disposition of Personal Property Without Administration fee can be found on our fees schedule. You must provide:
| (a) A certified copy of the death certificate. |
| (b) The funeral bill showing who paid the funeral bill. |
| (c) If the paid funeral bill is less than the value of the assets, paid medical bills from the last 60 days, not covered by insurance, may be provided to make up the difference between the funeral bill and the value of the assets. Paid medical bills must show the name of the person who paid them. |
| (d) Specific information on accounts that are to be disbursed, such as; account numbers, copy of checks, and amounts etc... and location & addresses of institutions. |
