Overview of Uncontested Probate:

Uncontested probate, unlike other areas of law such as civil litigation or criminal defense, is a process that seldom requires the attorney or client to appear in court. Because of this, the work is done almost exclusively from a distance, either by mail or phone, which saves fees and costs for the client. As such, Donna R Joseph, P.A. handles uncontested probate proceedings throughout the state. In the very rare instance where a judge requires an attorney's presence at a hearing outside of South Florida, with the client's permission, Donna R Joseph, P.A. may retain local counsel to attend the hearing to preserve fees and costs for the client.

Overview of Three Types of Court Proceedings:

The following is a brief overview of three types of court proceedings used in Florida to pass title of a decedent's assets to the heirs or beneficiaries.

Summary administration - may be utilized in the administration of either a resident or nonresident decedent's estate, when it appears:

(1) In a testate estate, that the decedent's will does not direct administration as required by chapter 733.

(2) That the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors (e.g., homestead exempted property), does not exceed $75,000 or that the decedent has been dead for more than 2 years.

Formal administration (Florida Statutes, Chapter 733) - must be had if the decedent's estate does not qualify for Summary administration (i.e. the decedent has not been dead for more than 2 years and the decedent's assets subject to administration in this state exceed $75,000 and/or the will requires a Formal administration.)

Admission of Foreign Will to Record - A nonresident decedent who dies owning real property in Florida and has a will that is being or has been probated in another state, may qualify to petition the Florida court to admit the decedent's foreign will to record. Once the foreign will is admitted to record by order of the Florida court, the Florida court can transfer the title to the Florida real property to the persons named in the will.  If there is not will, the Florida court can transfer the property to those who would be entitled to it under Florida intestate law.

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