The first step in having a personal representative appointed is determining who may act as personal representative. If a decedent had a will, that document will state who has preference to serve as personal representative. If a decedent had no will, Florida Statute 733.301 determines who has...
Formal administration is the more involved variety of Florida probate. Formal administration is required for any estate with non-exempt assets valued at over $75,000 when a decedent died less than two years ago. Formal administration is also required any time that a personal representative is...
Summary administration is faster, cheaper, and less involved than formal administration, and should generally be used whenever circumstances allow. In order to qualify for summary administration, an estate must contain less than $75,000 in non-exempt assets OR belong to a decedent that passed away more...
Florida lawmakers have ensured that a decedent’s homestead (the house that they live in) is not taken by estate creditors upon their death. Decedents leaving their home to their wife, children, or descendants, are able to do so free of creditor’s claims. The exception to...
When a decedent has a spouse or children, some assets, including the decedent’s homestead property, two vehicles, household furnishings, and up to $1,000.00 in personal property are exempt from creditor’s claims and should not be used to pay debts. Florida Statute section 732.402 and Section 10, Article 4...
Providing for the payment of creditors claims is part of the probate process. You should not pay debts of a decedent without consulting with a probate attorney, because not all debts are eligible for payment. Furthermore, you should never use your own money to pay...
When a person dies without a will, their assets go to their spouse and/or closest relatives. Florida Statute sections 732.102 and 732.103 specifically determine how a decedent’s property is divided when they die without a will under the 2022 Florida Probate Rules. This process is referred to as intestate...
A will is a document that determines who receives a decedent’s property when they pass away. Florida law requires that a will must be signed by the testator (the person writing the will) and two witnesses to be enforceable. The testator must either sign in...
Florida is a very well established vacation locale. Many people own property in Florida without being residents of the state. Because of its year round warmth, Florida has part-time residents that we colloquially refer to as "snowbirds". Furthermore, many people that move to Florida may...
The venue of a probate case is controlled by Florida Statute section 733.101. If a decedent was a Florida resident, their probate case must be filed in the county where they lived when they were alive. For an out of state resident, a probate case can...