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Probate is a probate process used to investigate and administer a person’s estate after their death. This case law varies from state to state and is necessary to ensure that assets are properly distributed to beneficiaries. This article discusses Florida probate court rules and procedures.
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It should be noted that the information on this page is aimed at anyone and is intended to answer general questions; however, it is not a substitute for professional legal advice. Consulting a probate attorney is not recommended, but is required in Florida (except in the rare circumstances discussed in this article).
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Probate is the control of a court that distributes an estate. The court appoints a personal representative (PR) to carry out the terms of the will. This person is usually named in the testamentary document. If a person dies intestate, the court appoints a PR to coordinate living arrangements. A personal representative has many responsibilities and may want to consult an attorney for guidance. Simply put, liabilities fall into three categories:
Florida Statute 733.212 requires PRs to send notices to all beneficiaries. The representative must notify the creditors in writing (Order 733.2121). Since the duties of a personal representative are subject to legal requirements, it is always wise to consult an experienced attorney to guide you through this process.
To help readers better understand the content of the article, this content contains the most commonly used terms found and/or used in the testing process. Administration refers to the legal distribution of one’s property after death in court.
Clerk of Probate – Most probate in Florida is conducted by the county clerk who resided at the time of the trial. This is not to be confused with an actual law enforcement officer.
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Intestate – When someone dies without a will, the state of Florida declares the decedent’s estate to be “intestate.” This will be discussed in more detail in the article.
Although a trial is often held in court, it is used to describe a trial with a jury.
A personal representative is a person legally appointed to oversee the distribution of assets from a deceased estate.
Beneficiary(s) is the person or group of people named in a will/estate plan who plan to receive a certain amount of property after that person dies or becomes incapacitated.
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An executor is a person appointed by a will or a court to manage a deceased person’s financial obligations.
A Notice of Administration is a formal notice sent by a personal representative to beneficiaries and other interested parties. This notice is required by Florida law and serves the purpose of providing clear information about the probate process.
Litigation – This is typically used to describe a legal dispute during a court case. The most common types of probate disputes are: wills/trust challenges, custody disputes, etc.
There are three main types of lawsuits under Florida law: a formal lawsuit, a summary lawsuit, and a non-judicial lawsuit. Below is a description of these three types of testing processes.
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Formal Administration – Formal administration is also called “formal examination”. As the name suggests, this type of test is the most common type of test. A formal probate is held at the county court at the time of the deceased’s death. This process begins when a person dies and an executor (or other interested party) is requested to be appointed as personal representative of the estate. Those named in the estate are notified and given the opportunity to object to any formalities.
Summary Administration – This type of probate is available when the total value of the estate/assets passing through probate is $75,000,000 or less. A summary judgment can also be used where there has been a death within the last two years (ie the missing person has been declared dead). This form of administration begins with a Petition for Summary Administration, which must be signed by the surviving spouse and/or beneficiaries. In short, this is an accelerated version of the test.
Non-controlling nature – As the words ‘non-controlling’ suggest, this procedure actually involves the entire hearing due to certain circumstances. It should be noted that this only happens if the deceased left no real estate and the only property available for probate is valued at less than the amount of post-probate expenses. In short, uncontrolled court hearings are financially unsustainable.
Since there is no administrative hearing, an “Intentional Disposal of Personal Property” form must be submitted to return the property.
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The probate process begins when the original document protecting the will is filed with the executor. The employee opens a file with the death certificate. There is a fee to open the sample file. The next step is a district court judge.
The judge must confirm the identity of all beneficiaries and appoint a personal representative. If this person is named in the will, the judge will consider their interests. If the nominee meets the requirements, the judge issues “Letters of Authority”. At this point, PR takes over the property management. If later disputes arise, the judge can of course hold a hearing to resolve the issues. Again, advice from a lawyer is essential in this process.
No no. Florida does not recognize transfers of property on death certificates. Real estate cannot be transferred in this way. In Florida, a Ladybird contract works like a transfer on a death certificate. Some estate plans use poultry jobs. Usually, married people own property together. If one spouse dies, the assets thus pass to the other. However, if someone is the sole owner of a house, property or land, they must go through probate before inheriting the property. In Florida, if the spouses do not have joint property, the case is governed by Florida’s domestic law. In this case, the surviving spouse will not inherit the entire property. In other words, other family members can share in the property. So hire an experienced attorney when you do an investigation.
Florida’s probate process involves several laws and deadlines. If you have a copy of the will and are appointed executor (PR), you have ten days to notify the court of the testator’s death. Of course, sometimes people are not informed of the death of a loved one, or they may live far away. The court has recognized this fact and will not imprison for delay. However, the court must approve the will before the trial can begin. After the probate court approves the will, the court issues “Letters of Administration”. A court-issued document formally recognizes the executor as a personal representative. This may take several weeks. Therefore, it is very important to notify the court immediately.
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If a family member dies intestate, the heir must go to court and obtain “Letters of Administration”. In this case, the court will appoint the next of kin as personal representative. This appointee has the authority to deal with all property rights issues. Again, an experienced attorney can guide your family through this process.
When do you need a test? – Most estates go through probate in Florida. However, if the deceased has a well-executed will, the family can avoid lawsuits. Likewise, any property that is let together with a dependent is exempt from probate. Bank accounts, IRAs, 401Ks and any financial assets with a POD or beneficiary designation go directly to heirs and do not go through probate. However, any property that does not have the appropriate beneficiary designations must pass the inspection. Banks and other institutions will not send money without the correct currency codes. So if a family member dies without proper estate planning, contact an experienced probate attorney immediately.
What is a test property? – Probate is another term for the administration of a deceased estate under the control of a probate court. If someone dies without a will or intestate, the estate goes through probate. Family members must approach the court before selling the deceased’s property. E.g,
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