In Florida, if there are beneficiaries of an estate other than the Personal Representative, then the Personal Representative must have an attorney.
Most often, contesting a Will in Florida, as in most states, is based on allegations of undue influence, fraud, duress, or mistake.
In Florida as in most states, a Trustee has a fiduciary duty to administer the Trust according to the terms of the Trust. This is an extremely high standard of care.
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 closing the estate.
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 Florida, there are two types of probate: summary administration and formal administration. These are also known as summary probate and formal probate.
There are at least three situations where probate is required in Florida.
For any assets which the deceased person owned jointly with a person other than their spouse, the decision whether probate is necessary depends on the way title or ownership is held. If the assets are title with ownership as "Joint Tenants with Rights of Survivorship" or "JTWROS" then no probate is necessary.
For any assets which have either a beneficiary designation, a pay-on-death ("POD") designation, or a transfer-on-death ("TOD") designation, probate is not necessary. At the death of the owner, these assets will be paid or transferred directly to the named designee.