In Florida, a person has three months after receiving the Notice of Administration within which to object to a Last Will and Testament. In Florida, a Will can be challenged only after the death of the Testator or Testatrix (the person who signs the Will). After a...
Complex Legal Challenges
Probate
Challenging a Will in Florida
Most often, contesting a Will in Florida, as in most states, is based on allegations of undue influence, fraud, duress, or mistake. In Florida, a Will cannot be challenged until after the death of the testator or testatrix--the person making the Will....
What are the duties of a Personal Representative in Florida?
A Personal Representative has many duties that must be carried out in accordance with Florida Probate Law. These duties include gathering estate assets, determining and resolving estate liabilities, paying any taxes, distributing the estate assets to beneficiaries and...
In Florida, are Wills recorded?
Many times when a person dies in Florida, family members may ask whether the person's Last Will and Testament is recorded anywhere. In most instances, a Will is not recorded while a person is living. In most instances, Florida attorneys do not...
Is there more than one kind of probate in Florida?
In Florida, there are two types of probate: summary administration and formal administration. These are also known as summary probate and formal probate. In Florida, there are two types of probate: summary administration and formal administration. A summary...
Situations Where Probate is Required
There are at least three situations where probate is required in Florida. An experienced Florida estate lawyer will advise that there are at least three situations where probate is required in Florida. 1. Property is titled in the deceased person's sole name....
Is probate required if a person dies owning assets titled jointly with their spouse?
For assets which the deceased person owned jointly with their spouse, in most instances in Florida, probate is not necessary. At the death of the first spouse, these assets vest title in the surviving spouse automatically. When assets are titled jointly with a...

