Estate Planning and Probate Attorney
Eric S. Kane, P.L.

Florida Probate Administration

Probate is a court supervised process necessary for identifying and gathering the probate assets of a loved one who has died, commonly referred to as the decedent. It ensures that claims of the decedent’s creditors, expenses of administration and appropriate taxes are properly paid. Probate also serves as the process of distributing assets from the decedent's individual name to the proper beneficiary.

If the decedent leaves a valid will it must be admitted to probate in the Court. If the will is not admitted it will be ineffective to pass title to the beneficiaries. If the decedent has no will, probate is necessary to pass ownership of the assets to those persons who are to receive them under Florida law.

Eric S. Kane, P.L. serves every Florida County for probate needs.

Types of Florida Probate Administration:

     ► Formal Administration

Formal Administration is the probate process that must be followed if the value of the estate subject to Probate in Florida (less property which is exempt from the claims of creditors) is greater than $75,000.

     ► Summary Administration 

Summary Administration is generally available if the value of the estate subject to probate in Florida (less property which is exempt from the claims of creditors) is not more than $75,000 or the decedent has been dead for more than two years.

     ► Disposition Without Administration

Disposition Without Administration is available only if estate assets consist solely of property classified as exempt from the claims of the decedent’s creditors by applicable law and non-exempt personal property, the value of which does not exceed the total of (1) up to $6,000 in funeral expenses; and (2) the amount of all reasonable and necessary medical and hospital expenses incurred in the last 60 days of the decedent’s final illness, if any.

     ► Ancillary Probate Administration

Ancillary Probate Administration is the process used when a resident of a state other than Florida dies owning real estate in Florida. A Florida probate action is required to be opened to pass the Florida real estate on to the heirs. Ancillary Probate is typically handled at the same time that the probate action in the state of residence is handled.

     ► Probate Administration for Non-U.S. Citizens

If a green card holder dies as a resident of the United States, his or her estate will be required to go through the probate process of the state where that person was a resident. Additionally, ancillary probate in the other jurisdictions where the decedent held property may be required.
If a non-resident alien dies owning property within the United States, in many cases that property will be required to pass through a probate process.

If you have been named as a personal representative in a will or have questions about the probate process,


The Law Office of Eric S. Kane, P.L. is located in Aventura, a municipality located in Miami-Dade County and serves clients throughout Miami-Dade, Broward, and Palm Beach counties. Eric S. Kane, P.L. consistently represents clients’ legal needs for probate and estate administration with service to Aventura, Miami, Hallandale, North Miami, Miami Beach, Hollywood, Miramar, Wilton Manors, Ft. Lauderdale, Orlando, Jacksonville, Tampa, and all areas of Miami-Dade County, Broward County, Palm Beach County, and each county throughout Florida.


Florida Probate Administration - Attorney Eric S. Kane, P.L.

20900 NE 30th Avenue, Suite 403
Aventura, FL 33180

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Eric S. Kane has served as Special Magistrate for the Eleventh Judicial Circuit Court in and for Miami-Dade County and has served as Court Appointed Receiver for the Eleventh Judicial Circuit Court in and for Miami-Dade County. Mr. Kane frequently lectures on the topics of probate administration and estate planning.

A client has many choices in the selection of a Florida Estate Planning and Probate Lawyer. Mr. Kane graduated cum laude with a J.D. and L.LM from the University of Miami School of Law in Coral Gables, Florida and earned a B.A. in Government and Latin American Studies cum laude from Franklin and Marshall College in Lancaster, Pennsylvania.

Eric S. Kane, P.L. consistently represents clients’ legal needs for probate administration with service to the following Florida Counties:

Alachua Baker Bay Bradford Brevard Broward Calhoun Charlotte Citrus Clay Collier Columbia DeSoto Dixie Duval Escambia Flagler Franklin Gadsden Gilchrist Glades Gulf Hamilton Hardee Hendry Hernando Highlands Hillsborough Holmes Indian River Jackson Jefferson Lafayette Lake Lee Leon Levy Liberty Madison Manatee Marion Martin Miami-Dade Monroe Nassau Okaloosa Okeechobee Orange Osceola Palm Beach Pasco Pinellas Polk Putnam Santa Rosa Sarasota Seminole St. Johns St. Lucie Sumter Suwannee Taylor Union Volusia Wakulla Walton Washington


The information you obtain at this site is not considered to be all inclusive, nor is it intended to be legal advice. Using this website does not create an attorney-client relationship between you and Eric S. Kane, PL or any individual attorney. None of the materials available on this site constitute legal advice. This site has been designed to provide you with general information regarding the firm, and the types of services we provide. You should consult an attorney for individual advice regarding your own situation. The hiring of a attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask Eric S. Kane, P.L. to send you free written information about our qualifications and experience.
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