Articles Posted in Probate

In Florida the personal representative is the person named in a will collect and distributed the assets of a person after death. In a Florida Probate this typically involves taking care of and real or personal property, paying legitimate outstanding bills and filing and paying taxes. Once the debts are paid, the remaining assets are transferred to their new rightful owners. The Personal Representative or Executor can request payment from the estate for the job that they are doing. Florida state law and what is contained in the decedent’s will regulate the exact amount a PR is paid. Often in simple estates and where the PR is a close family relative the PR will not charge a fee for administering a Florida Estate.

If you have questions about a Florida Probate or your job as a Personal Representative in Florida, Contact a Florida Estate Planning Lawyer

Often after someone dies in Florida, their families look to save money and open handle the probate without the use of a lawyer. In some states this is permitted, but in most cases Florida does not permit an individual to represent themselves in a Probate Proceeding. This is why probate forms are not available for Florida.

One reason individuals are not allowed to do their own probate deals with the complexity of the issues surrounding the Florida Constitutions protections of the homestead. If one does not take the right steps they could loose or jeopardize their homestead protection.

Florida Probate Rule 5.030 requries an attorney licenced in the state of Florida to be involved with probate proceedings, unless the personal representative remains the sole interested person.

Sometimes it is necessary to admit a will in Florida when the original is not available because it was admitted in another state. The most common occurrence of this involves a Florida ancillary administrations. This is when the decedent lived in another state and there was an initial probate in that state, but the decedent owned real property in Florida.

In some cases, we find that the original probate was incorrect and the original administration should have been filed in Florida to protect the homestead from claims of creditors. In the case where a person who dies is a resident of Florida and their original will is admitted to probate in another state or country because of inadvertence, error, or omission. And the will is admitted in that other state prior to the Florida Probate case being filed, the certified copy of the will can be admitted to the Florida Probate case if the original could have been admitted. When this happens an authenticated copy of the will, foreign proof of the will, the foreign order or probate, and any letters issued shall be filed instead of the original will and shall be evidence of its execution and admission to foreign probate.

If you feel that a Florida homestead of assets of a Florida resident may be at risk because of an inadvertent error or mistake, Contact a Florida Probate Lawyer to discuss your situation.

In Jacksonville and around Florida an attorney is required under Florida Probate Rule 5.030 unless the personal representative remains the sole interested person. The attorney must be licensed to practice law in Florida. If you need a Jacksonville Probate lawyer or a Florida probate Attorney Contact us to see if we can help you.

Update:
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.

Short Answer: A Summary Administration probate usually takes just over 3 months but can take 6 or more depending on the circumstances.

Long Answer: It depends on the facts and circumstances of each situation. In some areas of Florida the Judges require or allow for differing procedures this causes some probate administrations to take longer than others.

In Florida, the personal representative may need to sell real estate prior to settling the estate. As you can imagine the market conditions can determine how long it will take to sell property. I have been involved in some Jacksonville Probate Litigation where the creditors dispute every claim and as a result lawsuits are filed to resolve those claims. This procedure or settling a disputed claim in a Florida probate can extend the time to compete the probate.

In Florida what happens to a person’s assets if they die without a will? Under Florida probate law, if a person dies without leaving a will the decedent’s estate is dealt with under Florida’s Intestate statutes. Even if a Florida resident dies intestate, the decedent’s assets will be transferred to their family members. Only when there are no family members will the assets escheat to the state or be transferred to the state. Generally Florida’s intestate statutes go to great lengths to find a relative to leave a decedent’s assets to.

In Florida the decision to create Florida Will that appoints a personal representative to administer your probate assets is a wise decision. It is important to consider who can be a personal representative. With Florida probate law, the personal representative can be an individual, bank or a trust company. For an individual to act as a representative they must be legal residents of the state of Florida or a relative or spouse of a sibling, parent, or child. A person who is not a legal resident and is not closely related to the decedent cannot act as an executor or a personal representative of the decedent’s estate. In addition a trust company that is incorporated under Florida laws or which is a bank or lending agency and is licensed to extend fiduciary lending in the state of Florida can also act as a personal representative of a Florida probate.

Update:

In Florida what happens to persons assets if they die without a will? Under Florida probate law, if a person dies without leaving a will the decedent’s estate is dealt with under Florida’s Intestate statutes. Even if a Florida resident dies in intestate, the decedent’s assets will be transferred to their family members. Only if there are no family members will the assets escheat to the state or be transferred to the state. Generally Florida’s intestate statutes go to great lengths to find a relative to leave a decedent’s assets to.

Update:
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.

When a decedent’s assets go into probate in Florida the Florida Probate Case will be in the county court where the decedent maintained his or her domicile.

Pursuant to Florida probate law a judge will normally decide and rule on the validity of a will. The judge will also rule on who the heirs are should there be a question or dispute as to the validity of a decedent’s heirs.

If the decedent appointed a personal representative to administer the Florida will, the judge will determine if the representative is qualified administer the estate. If there are no objections and the judge determines that the representative qualified, the judge will issue letters of administration. These letters of administration allow the executor or personal representative to administer the will. Any issues or conflicts that arise during the representative’s administration will be ruled on by the circuit court judge.