A Guide to Florida Probate Administration
When a loved one dies, it can be difficult to know what to do next. One of the first questions is whether probate is necessary and, if so, which type of administration applies. This guide explains the key questions to consider under Florida law. 1. Determine Whether the Decedent Had a Will Start by locating […]
What Does a Personal Representative Do in a Florida Estate?
If you have been named to manage an estate in Orlando, Lake Mary, or elsewhere in Florida, you may be wondering what the role involves. Florida uses the term “personal representative” rather than executor. This guide explains how a personal representative is appointed, the responsibilities that follow, and why cooperation among interested parties can make […]
Ancillary Probate: A Guide to Out-of-State Property
When a person who lived in Florida dies owning property in another state, the estate may need more than one probate proceeding. Understanding where the decedent’s assets are located and sharing that information promptly with the probate attorney is essential to administering the estate correctly and avoiding unnecessary delay or expense. Why the Location of […]
A Guide to Understanding Undue Influence Under Florida Law
Florida Statute 733.107(2) addresses undue influence in probate proceedings. Understanding how the presumption works and what evidence courts examine can help clarify when a will may be vulnerable to challenge. The Statutory Framework Florida Statute 733.107(2) reflects Florida’s public policy against the abuse of fiduciary or confidential relationships. The statute establishes a presumption that shifts […]
Hiring an Estate Administration Attorney: a Guide
Your relative and loved one has died, and you are the Personal Representative named in the will, a beneficiary of the will, or both. Here is what you need to know if you are about to hire an estate administration attorney for the case to probate the will: Start With a Written Retainer Agreement First, […]
Who May Serve As Personal Representative in the Orlando, Florida and Lake Mary, Florida Area?
There was an interesting article titled “Who May Serve as Personal Representative in Florida by Bo Trudeau in Fall Action Line, page 12 of RPTTL Section of Florida Bar Magazine. In particular, the article covers nonresidents and what would make it so that they were able to serve as a personal representative. Florida Statute 733.304 provides that nonresidents […]
When is it Necessary for a Florida Estate to Go Through the Probate Process?
In Florida, there are three (3) options for a deceased person’s estate to be properly and legally disposed of: (1) Disposition without Administration (2) Summary Administration (3) Formal Administration. Disposition without Administration This type of administration is reserved for when the deceased person has very few assets. Pursuant to Florida Statute 735.301, a person who […]
When is it Necessary to Probate a Florida Estate?
Whether a Florida estate needs to go through the process of Probate Administration will depend on the circumstances of the estate. Typically, an estate will need to go through Probate Administration if the decedent owned any property in his or her sole name. That means, that there are no other joint owners, designated beneficiaries, transfer […]
Florida Intestate Succession Laws
Any assets that would have passed to your heirs through your will, if you had one, are affected by Florida intestate succession laws. This typically only includes assets that are titled solely in your own name. Any assets that are jointly owned or have named beneficiaries are not subject to the probate process and would […]
Creditors’ Claims Against a Florida Estate
Many times, during initial office consultations, potential clients want to know how long it takes for a Florida Estate to be completely administered through the Probate process. There are several factors that will affect the length of time that it takes to administer a Florida Probate Estate. One issue is the number of creditors: how […]