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The Florida Probate Code is found in Chapters 731 through 735 of the FL Statutes. Chapter 732 contains rules for the distribution “intestate” property – the part of the estate, if any, that is not properly disposed of by Will and must thus be divided amongst the decedent’s heirs. It also speaks to the decedent’s surviving spouse’s “election rights” – which come into play if the decedent attempted to disinherit his spouse or leave her less property than that to which she is entitled by law.

Chapter 733 contains rules for the probate process, including the order of preference for appointment of a Personal Representative, the Personal Representative’s duties and powers, the manner in which the PR’s and the Personal Representative’s attorney’s compensation should be calculated if not provided for by contract, the manner in which creditors’ claims against the decedent should be handled, etc. Chapter 734 provides additional rules for foreign PRs who do not reside in FL. Finally, Chapter 735 provides the stringent criteria for summary administration and for the disposition of personal property without administration, both of which are only available in very limited circumstances.

Chapter 736 contains the Florida Trust Code, which – if the decedent left his property to a revocable living trust – may be of primary importance in administration of the estate.