Small Estate Affidavits: Where to find them?

Long Florida Probate Process

The short answer is that you can’t find them.  They don’t exist in Florida. Many banks and financial institutions suggest that a “small estate affidavit” will satisfy bank policy and allow them to release funds. Unfortunately, small estate affidavits are mythical – we don’t have such an instrument that works for estates in Florida. Alternatives to a Small Estate Affidavit You …

Letters of Administration – Do you really need them?!

Long Florida Probate Tips

I can’t say this enough: There are many situations where you do not need letters of administration. Many. Yes, the bank or customer service agent you are talking to says you do…but they are just reading from a policy manual or a list of predefined answers. They are not probate lawyers. They aren’t always right. That’s what the legal department …

How long does probate take in Florida?

Long Florida Probate Process

One of the last few questions I always address at the end of a probate consultation is: “How long will Probate take?” Generally speaking: Summary administration typically takes a few weeks from the date of filing to get orders distributing the assets. Anyone who promises anything sooner is being less than forthcoming. (In some counties, judges require you to wait …

Do I have to Probate the Homestead Property?

Long Florida Probate Process

We  have been answering this question repeatedly over the last couple of months. If a homestead property is not a probate asset, why does it have to go through probate? Great question. If mom’s house was truly her homestead over the last few decades, you wouldn’t be wrong to assume that it was considered her homestead when she passed.  She …

Cost (expenses) associated with Florida probate administration

Long Florida Probate Tips

There seems to be more confusion these days regarding the costs (expenses) associated with a probate administration in Florida. Let me try to clear things up: Attorneys fees are determined by whatever agreement you have made with your attorney. These fees are compensation for the attorneys and law firm staff who are working on your case. Costs (expenses) on the …