When a person dies without a Last Will and Testament in Florida, he or she is said to have died “intestate.” The decedent’s estate is then distributed according to Florida’s intestacy statutes as set forth in Sections 732.101-732.111, Fla. Stat. In simplest terms, the...
Complex Legal Challenges
Probate
Probate and TOD accounts
The long waits and expenses associated with probate court often motivate Florida residents to seek methods for sidestepping the whole process. A transfer-on-death account presents one of those options for brokerage accounts holding stocks, bonds, and mutual fund...
Should you disclose joint assets?
The death of a family member or other loved one can be emotionally charged. In addition, Florida probate administration can be a complicated endeavor. There are situations in which a family member or other loved one might obtain full ownership to assets jointly owned...
Can a Probate Court Waive Posting of a Personal Representative Bond?
When a probate estate is opened in Florida, one of the requirements that the probate court can impose at the beginning is that a Personal Representative’s Bond must be posted. Often the requirement for posting the Bond must be satisfied before the Letters of...
What are non-probate assets?
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...
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...