What is the difference between the three types of probate in West Palm Beach?
Has the probate court in Florida told you that you need to prepare an ancillary probate in another jurisdiction? If you are unsure what that means you may want to learn the three types of probate in West Palm Beach. Have you heard of formal, informal and ancillary probate? These things are not as complicated as they appear, check out this quick reference guide.
Informal Probate / “Summary Probate”
- Informal or summary probate is for estates that have less than $75,000 in assets.
- They may also be appropriate in cases where someone has been dead for years and there has been no probate.
- If you are unsure if your family member’s estate qualifies for summary administrationtalk to an experienced Palm Beach probate litigator before you begin filing with the Clerk of Courts.
- This is usually the easiest form of probate and you may not even need an attorney.
- What are the other types of probate?
Ancillary Probate
- Have you ever heard of the term ancillary probate?
- If your relative owned a lot of real estate this may apply to you.
- Ancillary probate is for when the West Palm Beach probate court cannot get jurisdiction over property.
- When does that happen?
- Usually with things like real property that is out of the State and not subject to the authority of the local probate court.
- Do you need two probate lawyers then?
Formal Probate
- This is the “default probate.”
- What does that mean?
- Essentially if you do not fit into any other form of West Palm Beach probate then you are going to need to use the formal probate rules.
- If you are the personal representative of an estate in West Palm Beach you are required to retain a resident agent.
- What does that mean?
- Essentially you need a Florida licensed attorney to assist you in the probate process.
- Probate can be complicated there is no doubt about it.
- That being said there are ways to make it easier on everyone.
- Two such ways are to utilize experienced Probate attorneys who know what to expect and know how to help you and to stay informed.