FAQs for Florida Probate
Probate laws vary state to state, so it is important that you understand the laws in your state. There are key differences that make dealing with probate in Florida unique.
1. Can Probate be avoided in Florida?
Probate can be avoided if the death was more than two years ago, or the property is not valued more than $75,000. Source:
https://www.nolo.com/legal-encyclopedia/florida-probatean-overview.html
2. How long does Probate Take in Florida?
The probate process in Florida can be frustratingly long. It can take anywhere from 9 months to over 2 years, depending upon the complexity of the estate, the number of heirs, and the speed of the local court administering the case. If the Will is being contested, probate can drag on for even longer – sometimes taking several years. And that was pre-pandemic so now we are seeing more delays. ProbateCash can get you funded long before the probate process is completed.
3. How can I speed up the probate process in Florida?
Unfortunately, there is no real way to speed up the probate process, as it is required to go through the Courts, which are currently backlogged. However, ProbateCash can be the ideal solution to access a portion of your inheritance while you wait for the estate to close and disburse. The experienced professionals at ProbateCash can guide you through the process, making it easy to get the money you need as quickly as the same day.
4. What is the homestead exemption?
In Florida, generally speaking, the property in which the person who passed away resided in cannot be forced to be sold in order to pay creditors of the probate estate. This does not apply to all situations.
5. Can I get a Probate Advance in Florida?
Yes. ProbateCash works in all fifty states and in all of Florida’s counties, including, but not limited to the following:
- Alachua County
- Baker County
- Bay County
- Bradford County
- Brevard County
- Broward County
- Calhoun County
- Charlotte County
- Citrus County
- Clay County
- Collier County
- Columbia County
- DeSoto County
- Dixie County
- Duval County
- Escambia County
- Flagler County
- Franklin County
- Gadsden County
- Gilchrist County
- Glades County
- Gulf County
- Hamilton County
- Hardee County
- Hendry County
- Hernando County
- Highlands County
- Hillsborough County
- Holmes County
- Indian River County
- Jackson County
- Jefferson County
- Lafayette County
- Lake County
- Lee County
- Leon County
- Levy County
- Liberty County
- Madison County
- Manatee County
- Marion County
- Martin County
- Miami-Dade County
- Monroe County
- Nassau County
- Okaloosa County
- Okeechobee County
- Orange County
- Osceola County
- Palm Beach County
- Pasco County
- Pinellas County
- Polk County
- Putnam County
- St. Johns County
- St. Lucie County
- Santa Rosa County
- Sarasota County
- Seminole County
- Sumter County
- Suwannee County
- Taylor County
- Union County
- Volusia County
- Wakulla County
- Walton County
- Washington County
6. Does Florida have an estate tax?
There is no estate tax, if the decedent passed away after January 1, 2005. The following states do have an estate tax:
- Connecticut
- Illinois
- Maine
- Maryland
- Minnesota
- New York
- Oregon
- Rhode Island
- Vermont
- Washington (state)
7. Does the State have an inheritance tax?
No, Florida does not have an inheritance tax. The following states do have an inheritance tax:
- Iowa
- Kentucky
- Maryland
- Nebraska
- New Jersey
- Pennsylvania
