How Does Property Pass to Heirs Under The Florida Probate Code?

| September 21, 2016

Florida law is very protective of property ownership rights in our State. Under the law, there is never a moment when any piece of property is not owned by someone or something. Maybe it’s a person, or an estate, or a trust or some other legal entity (Corporation, LLC, etc.). The kind of owner may […]

What is a Summary Administration Under Florida Probate Law?

| August 17, 2016

Sometimes, probating someone’s estate can be complicated. It can take a long time and lots of money because of all of the rules and procedures that must be followed. Beneficiaries and creditors are usually eager to try and limit these issues — especially if no one is contesting anything and the plan of distribution is […]

Twists in Intestate Succession Under Florida Law

| June 22, 2016

If a resident of Florida dies in our State without leaving a valid Last Will and Testament, then Florida’s probate law will decide how the decedent’s property is to be distributed to heirs. Florida’s intestacy statute controls in this scenario, which is something we have discussed in earlier posts (like this article about dying without […]

Florida Personal Representatives And Marshaling The Estate Assets

| February 17, 2016

In Florida there are well-established probate laws that place a high burden upon the person who undertakes the job of administering the estate of someone who has passed away. The estate administrator, or “personal representative” (which you may recognize as the “executor” or “executrix”) acts as a “fiduciary” to the decedent’s beneficiaries and creditors. Under […]

What Is An Interim Accounting By The Personal Representative?

| January 27, 2016

When someone passes away in Florida, laws come immediately into play, creating an “estate” which then owns all that person’s property until it can be safely distributed to the heirs and beneficiaries. A Florida Probate Judge will approve an individual (or sometimes a bank or trust company) to act as “Personal Representative” of that estate. […]

What About the Car? 8 Things to Know About A Florida Personal Representative And The Decedent’s Automobile

| January 20, 2016

When someone passes away in Florida, laws immediately come into play to protect the decedent’s property. An “estate” is formed under Florida law as the official owner of the decedent’s real estate and personal property until those assets are sold or distributed to the heirs. The person that takes care of overseeing the sale or […]

Surviving Spouse’s Rights In A Florida Probate

| December 24, 2015

When a husband or wife passes away in Florida, they have specific legal rights that are different from other loved ones who are grieving over the passing of the decedent. As the widow or widower, they are considered under Florida probate law to be the “surviving spouse” with special legal rights regarding property and the […]

What Is A Personal Representative’s Probate Bond?

| December 17, 2015

Bond Requirements For A Personal Representative According to Florida’s probate law, when a loved one passes away, a probate “estate” is created as the interim legal owner of the decedent’s assets and debts until the estate can be administrated in accordance with the wishes set forth in the decedent’s Last Will And Testament (if there […]

Can Creditors Force The Sale Of The Decedent’s Home In A Florida Probate?

| November 25, 2015

When a parent passes away, it’s a major life event for the children of the deceased person, no matter their age. The grief they experience can be overwhelming.  So much so that it can take time for a child’s life to return to normal. Unfortunately, the parent’s creditors can be impatient. As the children are […]

What Happens When You Can’t Find the Will?

| November 18, 2015

Probating Lost Wills in Florida No one likes to think about dying, and it’s not easy for many of us to sit down and deal with planning for death.  Still, most families have some sort of estate planning in place, even if it’s only a life insurance policy. Many people do plan ahead with a […]