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Do I need an attorney to go through the Probate process?
Florida law requires a personal representative to retain an attorney unless the individual is the only interested party. However, the probate process is complex, and most non-attorneys would have a hard time working through it without the assistance of an attorney.
What is a Personal Representative?
The personal representative is the person, bank, or trust company appointed by the court to be in charge of the administration of the estate. Other terms used to describe the personal representative: executor, administrator.
Who can be a Personal Representative?
The personal representative can be an individual (usually stated in the will), a bank, or a trust company. To qualify as a personal representative, an individual must be either a Florida resident, or a spouse, sibling, parent, child, or other close relative of the decedent. Florida law provides for which persons have priority in serving as the personal representative in the event someone did not have a will.
Where do I file my Probate Paperwork?
You should file all probate paperwork with the Clerk of the Circuit Court in the county where the decedent lived prior to death. There will usually be a filing fee, which must be paid upfront, to initiate the probate process. Appropriate paperwork, including the will must also be filed with the Clerk of the Circuit Court.
Who will supervise the Probate process and make final decisions?
A Circuit Court Judge will preside over the probate process. He or She will assess the validity of a will, appoint a personal representative, if necessary, and insure that assets are divided in accordance with Florida Law.
What happens to probate assets if there is no will?
To summarize, if there is no will, Florida Statute 732.102-3, regarding Intestate Succession, delineates who gets what depending on whom the decedent left behind (ie. spouse, children, parents, siblings). Otherwise known as Intestate Succession, the rules function a default plan to specify how assets are shared if it is not explicitly stated in the will, or if there is no will at all. For a More detailed answer, you can visit this page .
Who will be involved in the Probate Process?
The following list includes those who may be involved in the probate process, depending on the financial situation of the decedent:
What is a will?
A will is a legal document written to ensure that a person's possessions or responsibilities are taken care of according to their wishes after their death. A will may include the appointment of a personal representative, along with the delineations of which beneficiaries will get what.
We cannot locate the will. Now what?
Florida law presumes that if the original document cannot be produced, it was the decedent’s intent that the document be destroyed. It is possible to overcome this presumption depending upon specific facts. If the presumption cannot be overcome, the probate process would then follow the intestate succession process instead.
What is Summary Probate Administration?
Summary Probate Administration is a shortened proceeding to administer an estate. Summary administration is allowed if more than two years have elapsed since the date of decedents death, or if the assets involved total LESS than $75,000. A personal representative is not required for Summary Probate Administration. However, the beneficiaries of a summary administration remain responsible for all creditor claims that are discovered in a timely fashion.