Florida Probate Terms Explained: A Glossary for Beginners
If you’re navigating the Florida probate process after the death of a loved one, you may feel overwhelmed by legal jargon and unfamiliar terms. At MMJ Law, our Tampa probate attorneysunderstand that probate can be confusing — especially during an already difficult time. That’s why we’ve created this beginner-friendly glossary of common probate terms used in Florida to help you feel more informed and confident.
Key Florida Probate Terms You Should Know
1. Probate:
The legal process of identifying a deceased person’s assets, paying their debts, and distributing remaining property to beneficiaries. Probate is handled through the court system.
2. Decedent:
The person who has passed away. Probate is opened in the name of the decedent to settle their estate.
3. Estate:
All the property, money, and assets owned by the decedent at the time of death. This includes real estate, bank accounts, personal belongings, and more.
4. Personal Representative (Executor):
The person appointed by the court to manage the probate process, including collecting assets, notifying creditors, and distributing assets. In Florida, the term personal representative is used instead of "executor."
5. Beneficiary:
A person or organization entitled to receive assets from the estate, either through a will or by Florida’s intestacy laws (if no will exists).
6. Intestate:
When someone dies without a valid will, they are said to have died intestate. Florida law determines how its assets are distributed.
7. Testate:
When someone dies with a valid will, they are said to have died testate. The will directs how their assets should be distributed.
8. Will (Last Will and Testament):
A legal document that states how a person wants their assets distributed after death, and who they want to serve as personal representative.
9. Letters of Administration:
A court document issued to the personal representative, giving them legal authority to act on behalf of the estate.
10. Summary Administration:
A simplified form of probate is available when the estate is small (less than $75,000) or the decedent has been dead for more than two years.
11. Formal Administration:
The standard probate process is used for larger or more complex estates. This process involves more court oversight and typically takes longer.
12. Homestead Property:
A decedent’s primary residence may qualify as a homestead under Florida law, giving it special protections from creditors and affecting how it is passed to heirs.
13. Creditor Period:
A legally required time frame (generally 90 days) during which creditors can file claims against the estate.
Why Understanding These Terms Matters
Understanding these basic probate terms can help you feel more prepared when meeting with an attorney or attending court hearings. Probate doesn’t have to be overwhelming — especially with the right guidance.
Our Tampa probate lawyers take pride in breaking down complex legal processes into understandable steps. Whether you're handling a small estate or navigating a complex formal administration, we’re here to make probate as smooth and stress-free as possible.
Need Help with Florida Probate?
If you're facing probate in Hillsborough County or the surrounding areas, MMJ Law in Tampa is ready to assist you. Contact us today to schedule a consultation and let us help you navigate probate with clarity and compassion.
