Guess what, Mom! I'm OFF probation.

Probationers come in all ages, shapes, and sizes. But the one thing they all have in common is that they want to be off of probation as soon as possible.

Probation in Florida: Learn the Rules of Probation


Probation in Florida is a punishment that may allow an offender to avoid jail time or to serve less time. The punishment aspect of this penalty is the adherence to certain terms.
It’s also a way to monitor the actions of someone on probation. So if a probationer breaks the law or violates one of the terms, it could result in being re-sentenced and spending time behind bars.


Those who generally qualify for probation are people convicted of a nonviolent or minor crime, along with those who don’t have a criminal history. Or if someone has already served time, the remainder of the sentence could be served through probation.

Types of Probation


There are two main types, misdemeanor and felony probation. Although the terms vary for each person, they will be different especially when it’s a misdemeanor versus felony. One of the biggest differences is that felony probation is generally longer, lasting about three to five years, compared to misdemeanor probation generally lasting one to three years.


Probationers often request early termination of probation after serving about half of the probationary sentence. Upon the judge's discretion, It may be granted providing the terms were met and there were no violations.

House arrest, which is also called community control, usually requires the probationer to be electronically monitored.. If drugs or alcohol were involved in the crime, rehabilitation or counseling might be required.

Terms of Probation

The terms of probation vary from one case to another. Some are fairly common, such as obeying the law; showing up at scheduled meetings with the probation officer; abiding by court orders (such as the payment of fines); and completing conditions such as community service or court ordered classes.

Other terms are specific to the individual. They may address issues such as abstaining from drugs or alcohol, submitting to drug or alcohol tests, avoiding certain locations or persons, and restricted travel. 

Penalties for Violation of Probation


Violating probation is serious, especially with a felony charge. With felony probation, any original sentencing of prison time could be enforced. However, even violating misdemeanor probation could result in a few months in jail. Other penalties for probation violations include an extension of the probation period; payment of additional fines and court costs; and new terms being added.

If you need help preparing documents for Early Termination of Probation, contact us at the Florida Association of Legal Document Preparers - 800-515-0496

How much does a Florida divorce cost?

How many angels can dance on the head of a pin? How long is a piece of string? It depends. If the divorcing couple can come to agreements about how to divide their assets and debts; and agree on their mutual responsibilities to their children, our services are ideal. A typical base price for a document preparer to prepare divorce documents is around $299. with some add ons depending on your situation. If you have children, then you'll need a Parenting Plan which may be an additional $75 or so; and if you need a Marital Settlement Agreement to divide your property and debt, that may also be an additional cost. Most document preparers also prepare the Child Support Guidelines Worksheet, and the Family Law Financial Affidavit for an additional fee. (You usually have the option of preparing any of these yourself, to avoid the fee.) There are some other possible add ons which you may or may not need. So, all told, using a document preparation service, your divorce might cost around $500 - $600 for the prepared documents. The filing fees, which are paid directly to the court are $408.; and if you need to have the other spouse served by a sheriff, an additional $50. So, using a document preparation service, the document preparation fees and court filing fees combined are usually around $1000.

A thousand dollars may sound like a lot of money, but if you look at what you might spend with an attorney – you'll change your mind. According to Lawyers.com on average, a Florida divorce, using an attorney, costs $13,500. which includes $10,700. in attorneys' fees. So, on average, consumers spend over $2,800. over and above the $10,700. attorneys' services and fees. According to the linked article: “After attorneys' fees, the rest of divorce costs come from expenses, which includes fees for court filings, mediation, and the cost of copying and serving documents. Expenses also include compensation for expert witnesses and consultants, such as child custody evaluators, appraisers, or financial analysts. Average expenses in Florida divorces were $2,800.”

We would never tell anyone whether they should or should not hire an attorney. Sometimes there is no other way. But, we will tell anyone and everyone that if there is any way that a divorcing couple can come to agreements about their assets, debts, and children; they'll have more dollars left over to secure their assets; pay down their debts; and take care of their children.

Small Probate - Summary Administration of Estate

Many Floridians don't realize that an attorney is not always required to settle an estate when a family member dies. In Florida, there is a process called Summary Administration of Estate which can be filed pro se (self-represented).

Florida Statute 735.203

(1) ”A petition for summary administration may be filed by any beneficiary or person nominated as personal representative in the decedent’s will offered for probate. The petition must be signed and verified by the surviving spouse, if any, and any beneficiaries ...”

The summary process can be used whether or not the decedent left a will. An estate where the decedent left a will is called a “testate” estate; and estates where there is no will are called “intestate”.

A family member, interested party, heir or beneficiary may file the small probate documents for Summary Administration of Estate pro se. In general, Summary Administration of Estate is appropriate if the value of the estate is less than $75,000. excluding the value of exempt assets such as homestead real property and personal property. If a home is designated as the decedent's Florida homestead, the value of the property is exempt, but the real property still needs to go through probate in order to transfer it from the decedent's estate to the name of a beneficiary or heir.

The summary process is also appropriate when the person has been dead for at least two years. This situation happens more than you might think, as some people (usually adult children) continue to live in the house or condo after a parent dies, or move in after a parent dies, and don't settle the estate. Then, years later, when the adult child wants to sell the property, he has to settle the estate to do so.

Frequently, family members choose to sell the real property of the estate as soon as possible. Choosing a realtor who is familiar with the probate process will make the listing and sales process much easier. Especially when there is a mortgage on the property, efficiency becomes all important. Many families can't afford to pay the mortgage on an unoccupied property for long.

It is possible to sell real property during probate, however doing so usually requires an attorney and a court order. But, if the summary process is appropriate, and the family can wait the two months or so for the judge to sign the Order of Summary Administration, the real property can be transferred at that time. It is not unusual for families to begin marketing the house or condo while the documents are pending, and sometimes even accepting an offer to buy, before the probate process is complete.

The benefit to heirs or beneficiaries in being able to use the summary process are

1. no attorney is required;
2. the filing fees are lower; and
3. the process is faster. The summary process is generally complete in 6-8 weeks, while the formal process can take 1-2 years

Attorneys charge anywhere from $2,500 to $5,000 to provide assistance for a Summary Administration of Estate. Document preparers generally charge around $500. to prepare the Summary Administration documents.

The Florida Association of Legal Document Preparers, FALDP, has member document preparers who prepare documents for Summary Administration of Estate documents. Visit https://www.faldp.org/small-probate-Florida.html to learn more. Or call 800-515-0496.