PROBATE


Probate is a legal process through which the assets of a deceased person are properly distributed to the heirs or beneficiaries. The court oversees the estate to make sure debts are paid and proper distribution is made. Probate is needed when a court order is required to transfer ownership or to distribute the assets of the estate. Probate is not needed if all assets were jointly held and one of the joint holders is the survivor. Probate matters include:
  • Wills (not filed until the death of the party)
  • Estates (when there are assets to be distributed)
  • Trust
  • Proceedings in Probate
  • Formal Administration is used when there are considerable assets or other special circumstances. There will be a personal representative appointed and letters of administration will be issued so that he or she may complete the administration of the estate.
  • Summary Administration may be filed when the value of the entire estate does not exceed $75,000.
  • Disposition of Personal Property Without Administration is filed to request release of assets to the person who paid the final expenses, such as funeral bills or medical bills for the last 60 days. The form required to file this proceeding is available in the Clerk’s Probate Division and available online here. You may qualify for this procedure if you meet all three of the following criteria:
  • The value of the assets is less than $6,000
  • You paid the final expenses, such as funeral bills or medical bills for the last 60 days; and
  • These expenses are close to the value of the assets.
FREQUENTLY ASKED QUESTIONS

 

Q: When is probate needed
A: Probate is necessary when a court order is required to transfer or distribute the assets of the estate. Probate is not needed if all assets were jointly held and one of the joint holders is the survivor.
Q: What must accompany the form for filing a disposition of personal property without administration?
A:
  • The will, if the decedent had one.
  • A certified copy of the death certificate.
  • A copy of the paid funeral bill.
  • A statement regarding the type of assets to be released and the company or institution currently in possession of the assets.
  • A photo ID of the person filing the paperwork.
  • Filing fee.

CONTACT INFORMATION

(904) 548-4606

 

ROBERT M. FOSTER JUSTICE CENTER


76347 Veterans Way
Yulee, Florida 32097

HISTORIC COURTHOUSE


416 Centre Street
Fernandina Beach, Florida 32034

HOURS OF OPERATION


8:30-5:00, Monday - Friday
( Excluding Holidays )

Under Florida law, e-mail addresses are public records. If you do not want e-mail address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.