Business

What You Need to Know About Probate in Florida

Published

2 years ago

March 16, 2023

Dealing with the probate process can be overwhelming, especially when you are grieving the loss of a loved one. The process involves the legal distribution of the deceased’s assets, and each state has its own unique set of rules and regulations. In this article, we will break down everything you need to know about Florida probate.

What is Probate?

Probate is the legal process through which a deceased person’s estate is administered and their assets are distributed according to the individual’s will or state laws. The process generally includes identifying and inventorying the deceased’s property, paying debts and taxes, and distributing the remaining assets to heirs or beneficiaries.

Types of Probate Administration in Florida

Florida recognizes two main types of probate administration: Formal administration and Summary administration.

Formal Administration

This is the most common type of probate and is used when the value of the deceased’s assets is greater than $75,000. A personal representative, usually nominated in the will, is appointed by the court to manage the estate. The representative is responsible for collecting and managing assets, paying debts, and distributing the remaining assets to the beneficiaries.

Summary Administration

This is a faster, simpler process for smaller estates with a total value of $75,000 or less or when the deceased has been dead for more than two years. With summary administration, there is no need to appoint a personal representative, and the court directly orders the distribution of assets to the beneficiaries.

Role of the Personal Representative

The personal representative (also known as the executor or administrator) is responsible for managing the estate during the probate process. Their duties include:

Identifying, collecting, and managing the deceased’s assets
Paying debts and taxes owed by the estate
Distributing the remaining assets to the heirs or beneficiaries
Providing an accounting to the court detailing the estate’s financial transactions

The personal representative must act in the best interests of the estate and its beneficiaries and is held accountable to the court.

When Is Probate Not Required in Florida?

Probate may not be necessary in Florida under certain circumstances, including:

Assets held in joint tenancy with the right of survivorship
Payable-on-death or transfer-on-death accounts
Life insurance policies with designated beneficiaries
Assets held in a revocable living trust

These assets pass directly to the surviving co-owner or designated beneficiary, bypassing the probate process.

Florida Probate Timeline

The length of the probate process in Florida varies depending on the complexity of the estate and any disputes that may arise. However, on average, formal administration can take anywhere from six months to a year, or even longer in complex cases. Summary administration is usually quicker, often taking only a few weeks to a few months.

Costs Associated with Probate in Florida

Probate costs in Florida can include court filing fees, attorney’s fees, personal representative fees, and other expenses related to the administration of the estate. Florida’s law sets the maximum fees for personal representatives and attorneys based on the value of the estate. However, the court may approve additional fees for extraordinary services.

Business

Private Listings by Harold X. Clarke: A New Approach to Fine Real Estate

Published

1 week ago

December 16, 2024

Matthew Wiles

Photo credit: Private Listings by Harold X. Clarke.

Byline: Andi Stark

Private Listings by Harold X. Clarke, a real estate platform operating across Hawaii, is rewriting how properties are bought and sold in the region. Unlike larger firms reliant on public listings and mass marketing, Private Listings’ strategy prioritizes personalization, privacy, and meticulous curation of ultra-high-end, off-market properties, including oceanfront estates, gated community residences, and architectural masterpieces.

Harold Clarke, founder of Private Listings, describes their method as one that rejects “cookie-cutter solutions in favor of understanding the nuances of both buyers and sellers.” This approach has resonated with ultra-high-net-worth individuals (UHNWIs) seeking refined and discreet real estate transactions.

The Hawaiian real estate market remains a hub for global investors, with the median price for a single-family home in the state reaching $900,000 in 2024, according to the Hawaii Association of Realtors. Within this competitive landscape, Private Listings is building up to be a trusted name for properties that extend beyond luxury into generational investments.

Challenging the Industry Norms

Private Listings deliberately avoids the conventions of large-scale real estate firms. By focusing on fewer, higher-value properties, the company ensures that each transaction is treated with the same level of care and confidentiality.

Public listing platforms, while effective for broader markets, often expose sellers to unnecessary attention or unqualified inquiries. For Clarke, this model is misaligned with the needs of UHNWIs. “Privacy isn’t a luxury for our clients—it’s a necessity,” Clarke explains.

This philosophy has led Private Listings to handle some of Hawaii’s most significant real estate transactions, including off-market properties valued at over $40 million. Its success is not measured by the volume of listings but by the depth of trust built with clients, many of whom return for subsequent transactions.

Adapting to Changing Client Demands

While Private Listings maintains a foundation of traditional practices, the firm also recognizes the evolving needs of its clientele. The global real estate market is increasingly influenced by concerns over digital security, with a 15% rise in data breaches targeting high-net-worth individuals in the past three years, according to cybersecurity firm NortonLifeLock.

To address these risks, Private Listings employs rigorous screening for potential buyers and uses secure platforms for communication and transactions. The firm’s “by invitation only” model ensures that clients remain protected from the pitfalls of public exposure. Clarke notes, “Our goal is not just to sell homes but to create an environment where clients feel safe and confident during every step of the process.”

The Human Element in Real Estate Transactions

Despite advancements in technology, Private Listings firmly believes that real estate transactions cannot be reduced to algorithms or automation. Unlike firms that depend heavily on online data aggregation, Private Listings emphasizes human connection and insight.

The company’s sales strategy integrates personalized client interactions, in-depth market analysis, and years of experience navigating Hawaii’s unique real estate ecosystem. Clarke’s background in managing family assets and his global perspective is significant in shaping this essence.

Future Directions for Private Listings by Harold X. Clarke

As Hawaii continues to attract global attention, Private Listings aims to expand its influence within the state while maintaining its core principles. The company is currently developing a new platform to streamline services for UHNWIs, blending their demand for discretion with seamless access to Hawaii’s finest off-market properties.

Additionally, Private Listings is strengthening its ties with local communities, recognizing that sustainable growth benefits both the company and the islands’ ecosystems.

Private Listings by Harold X. Clarke has set itself apart in Hawaii’s real estate scene by moving away from the typical mass-market approach. Through a mix of traditional values and modern sensibilities, the firm continues to define what it means to transact ultra-high-value properties with integrity and care.