Aust Law Firm, Lynn B. Aust, P.L.

What is Probate?
When a loved one dies owning assets in their name (their estate), Probate is the court process to transfer those assets from the deceased person to the person(s) named in their Last Will and Testament. If the loved one died without a Will, the assets will be transferred to a preset hierarchy of your relatives, as determined by Florida law. The Probate process also determines which of the loved ones’ creditors should be paid and finalizes tax payments and tax filings with the IRS

Can Probate Be Avoided?
ABSOLUTELY! With proper estate planning, we can avoid probate. Assets titled to a Trust or with a named, living beneficiary avoid probate, as well as specific titling on real estate deeds.

Types of Probates?

The Florida Probate Code provides for three types of probates and is determined by the total value of the assets of the estate.

Small Estate Administration: $6,000 and less can be handled without an attorney and is created to provide reimbursement for funeral/burial/cremation costs.
Summary Administration: between $6,000 to $75,000 in Estate value.
Formal Administration: $75,000 and greater Estate value

The Florida Probate Code requires all Summary Administration and Formal Administration Probate to be handled by an attorney.

Please find a list of our initial forms here to help us better serve you. Filled out forms may be returned by email, fax, or regular mail.