Non-probate assets are properties that bypass the probate process in Florida, which includes retirement accounts like IRAs and 401(k)s. Life insurance proceeds are also non-probate assets. All properties that are held in a living trust and funds in a payable-on-death...
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The Purpose of an Affidavit of Heirs in Florida Probate
In Florida, when a person dies intestate, i.e. without a Last Will and Testament, Florida’s intestacy statutes govern who will inherit the deceased person’s probate estate. Section 732.101, Fla. Stat. provides that: “Any part of the estate of a decedent not...
Oath of the Personal Representative in Florida
Under Florida probate practice, the person appointed by the probate court to oversee the estate is known as the “Personal Representative.” Many people refer to this as an “Executor” and although they are essentially the same, the correct term in Florida is Personal...
What slows down the probate process?
While the probate process in Florida often goes smoothly, certain situations can cause delays. Not having an estate plan or having an unclear estate plan can cause conflict between family members. Even if the person has prepared a will, it could be contested. In some...
Statute of Limitations for Claims against a Florida Estate
When a person dies resident in Florida, is there a statute of limitations limiting when a creditor can no longer enforce a debt or claim against the decedent or the decedent’s estate? The answer is in the affirmative. Section 733.710, Fla. Stat. provides that “…2...
Can a Creditor Petition to Open a Probate in Florida?
When a person dies domiciled in Florida, in order to administer his or her estate, a probate often must be opened. The question arises, who can petition to open a probate of the decedent’s estate? Certainly, a spouse or beneficiary could do so. But what about a...
When is it necessary to probate a will in florida?
Many people believe that as long as they have a last will and testament, then probate will be unnecessary. While not having such a legal document in place will certainly require probate, official confirmation is needed in certain circumstances. The importance of...
Florida’s Uniform Partition of Heirs Property Act
If a person dies and leaves their house to more than one adult child, what happens if the children cannot agree on whether to sell or keep the property? In the past, if the children could not agree, the only viable solution was for a partition action to be filed...
in a formal probate, does the Personal Representative need an attorney?
In our probate practice, we are often asked this question of whether the Personal Representative needs an attorney in a formal probate in Florida. [A formal probate is a full-blown probate that typically applies when the estate--not including the homestead--exceeds...
Florida Probate: Dead or Alive? Proof is Required
In order to probate the estate of a deceased person, one of the necessary criteria to be proven is that the person is, in fact, deceased. In most instances, establishing this is not a problem if you have an authenticated copy of the death certificate. This is usually...
