Florida Estate Planning Lawyer BlogTampa Probate court is located in Hillsborough County. Tampa does not have any unusual probate fees.
The Hillsborough County Courthouse is located at:
490 1s t Avenue South St. Petersburg, FL 3370 Tel: (813) 276-1800 Ext. 4771
Articles Posted in Probate
Miami Probate Court Informaiton
Miami Probate court is located in Miami-Dade County. Miami does not have any unusual probate fees.
The Miami-Dade County Courthouse is located at:
73 West Flagler Street, Suite 137 Miami, FL 33130 Tel: (305) 275-1155.
Jacksonville Probate Court Information
Jacksonville Probate court is located in Duval County. All Jacksonville Probate cases are handled by Judge Dearing. Jacksonville does not have any unusual probate fees.
The Duval County Courthouse is located at:
330 E. Bay St.
What if I do not agree with the Inventory in a Probate Case?
This was included in version 7 of the Florida Probate Handbook as such I wanted to publish it on my blog for those of you who did not receive it.
An accounting is required to provide notice of the time to object. The notice shall state that objections to the accounting or inventory must be filed within 30 days from the date of service of the notice. Any interested person may file an objection to any accounting within 30 days from the date of service. If an objection if filed later than 30 days it is deemed to be abandoned. The objection shall be in writing and shall state with particularity the item or items to which the objection is directed and the grounds upon which the objection is based. All objections must be served on the fiduciary who filed the accounting as well as all other interested persons.
Follow this link to request your free copy of the Florida Probate Handbook
When do I have to File an Inventory in Probate?
This was included in version 7 of the Florida Probate Handbook as such I wanted to publish it on my blog for those of you who did not receive it.
The Personal representative shall file an inventory within 60 days after the issuance of letters of administration. The inventory must contain notice of the beneficiaries’ rights, list the assets with reasonable detail and its estimated fair market value at the date of the decedent’s death. Homestead property is also listed and designated as a protected homestead. The court can extend the date the inventory is due with cause and no notice is necessary. If there is an extension, the PR must serve copies of the petition and order on Department of Revenue, the surviving spouse, each heir at law in an intestate estate, each residuary beneficiary in a testate estate, and any other interested person who may request it in writing. The personal representative shall file proof of such service.
Follow this link to request your free copy of the Florida Probate Handbook
Free Probate Handbook
Jacksonville Probate Lawyer, David Goldman has put together a Florida Probate Handbook that is being offered free to readers and visitors of his websites. If you would like a copy, visit the Free Florida Probate Handbook web page, fill out the form, and one will be sent to you within 24 hours by email.
In the handbook, you will:
•Learn about four types of Florida Probate.
•Learn about what is involved in opening a Florida Probate.
Mandatory Arbitration Clause in Florida Trusts is valid per Florida Statute 731.401
Trust Arbitration Clauses are common in Florida. In many states, they are not always enforced but Florida passed a law a few years ago that makes them enforceable in Trusts.
Florida Statute 731.041 Arbitration of disputes.
(1) A provision in a will or trust requiring the arbitration of disputes, other than disputes of the validity of all or a part of a will or trust, between or among the beneficiaries and a fiduciary under the will or trust, or any combination of such persons or entities, is enforceable.
(2) Unless otherwise specified in the will or trust, a will or trust provision requiring arbitration shall be presumed to require binding arbitration under Florida Statute 44.104.
How to get a copy of a Will in Florida
We often get calls from clients stating that they believe they are included in the will of a father, mother, or any decedent but have been unable to obtain a copy of the will to verify their thoughts. It is important to understand that just because you are included in a will, it does not mean you will receive what the will states. Often a parent has remarried and the Florida Will only transfers assets that are subject to probate. If all of the assets are jointly owned with their new spouse, there is nothing to pass through probate.
This concept is hard for people to understand and even harder when an unfriendly step-parent is involved. Regardless, many people still want to see their parents Florida Will. Generally we will send the custodian of the will a letter informing them of their obligation under Florida law to file the will within 10 days. If they refuse to do so, you have three choices:
1) do nothing or wait until they comply;
2) file a lawsuit asking that the court direct the custodian of the will to deposit it and reimburse you for your costs; or 3) open a probate and ask the court to order the custodian of the will to deposit it and reimburse your for your costs.
Opening a Florida Probate is more expensive than filing the lawsuit, but if a Florida Probate is needed it will save money in the end.
What are reasonable fees for a Florida Personal Representative?
In Florida, A personal representative shall be entitled to a commission payable from the estate assets without court order as compensation for ordinary services. The commission shall be based on the compensable value of the estate, which is the inventory value of the probate estate assets and the income earned by the estate during administration.
(a) At the rate of 3 percent for the first $1 million.
(b) At the rate of 2.5 percent for all above $1 million and not exceeding $5 million.
Recording Florida Deeds after death
Can a Florida Quit Claim deed be recorded after death? Generally any deed can be recorded at any time even after the death of the grantor. However there can be problems created by the delay in filing. First, we often see that the deeds were never delivered and as such are ineffective and not a valid conveyance of the property. In addition, the deeds can be wrong or incomplete and create problems that the grantor is not alive to fix. Third, there is now a requirement in Florida to update the property appraiser with any change in beneficial ownership. Generally the reason why deeds were not recorded in the past was to avoid loss of homestead and keep property taxes lower. Florida’s new requirement places penalties on this type of fraud, whether done intentionally or not.
You should have your deeds reviewed by a Florida Estate Planning Lawyer to make sure you are using the right type of deed, are protected from creditors, are not creating additional liability, are not creating unreported gifts and are accomplishing your goals.