Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer: Common vs. Solemn Form Probate Under Florida Law
Florida law does not use the terms “common” or “solemn” form probate. Those terms arise under North Carolina law. Instead, Florida divides probate into two primary procedures:
1. Summary Administration
When it applies: Decedent leaves a small estate or only personal property, or has been dead more than two years. Summary administration also covers intestate estates where the value of exempt property does not exceed the costs of administration.
Key statute: See Fla. Stat. § 735.201.
Process:
- File a Petition for Summary Administration with the clerk of the circuit court.
- Notice to creditors and interested parties per statute.
- Clerk issues an order releasing assets to heirs or beneficiaries without full administration.
2. Formal Administration
When it applies: Estate exceeds summary-administration thresholds or includes real property. Formal administration also suits complex estates, creditor claims, or contested matters.
Key statute: See Fla. Stat. § 733.201.
Process:
- File a Petition for Administration and will (if any) with the clerk.
- Clerk appoints a personal representative and issues Letters of Administration.
- Personal representative inventories assets, notifies creditors, pays debts and taxes.
- Court supervises distribution and closes the estate when duties end.
Why Florida Doesn’t Use “Common” or “Solemn” Form Probate
Florida’s statutes focus on the size and complexity of an estate rather than formality levels. The common/solemn form labels reflect procedural steps unique to other states (like North Carolina). In Florida, both summary and formal procedures ensure appropriate notice, creditor rights, and court oversight.
Helpful Hints
- Determine estate value early: If both real and personal property values exceed summary thresholds, plan for formal administration.
- Consider timing: Summary administration often completes within a few months; formal administration can take a year or more.
- Understand costs: Formal administration incurs court fees, personal representative fees and possibly attorney fees; summary administration costs tend to be lower.
- Notify heirs and creditors: Florida law requires specific notice periods in both procedures—missing deadlines can delay or complicate probates.
- Seek legal guidance: Complex estates or disputes benefit from an experienced probate attorney who understands Florida’s statutes and courthouse practices.