Florida Probate

This is the proceeding that one must go through to administer the estate (assets) of a decedent domiciled in the State of Florida or owning property in the state of Florida, at the date of the decedent's death. An estate in Florida, must be probated with the Court located in the County where the decedent was domiciled. Basically, administering an estate entails collecting all assets of the decedent, paying all legally proper creditors claims, and paying the remaining balance to the legal beneficiaries. All of these steps are very important and complicated, an a Florida probate attorney should assist you through each step to ensure that the proper beneficiaries receive what is legally due to them, free and clear from creditors and without the risk that assets can be taken from them in the future, due to the estate not being properly probated.

The Circuit Courts have jurisdiction over Probate and Guardianship matters, and the Florida Probate Code (all rules regarding Wills and Probate) is set forth in the Florida Statutes Section 731 - 735.305. These pages detail how Wills must be executed, who can be a personal representative, what beneficiary is entitled to what assets if there is no valid Will, who cannot inherit, who can and cannot be a personal representative, and the duties and powers of personal representatives. These Statutes also set forth how the personal representative is entitled to compensation for his/her time, and how much probate attorney fees are to be paid. Also set forth in the Statutes, is an explanation of the limited ways you can Probate a small estate in Florida, without an attorney. It is always advisable however, to first seek the advice of a Florida probate attorney, before taking on this complicated process on your own. Florida probate courts have strict and detailed guidelines for probate forms, and if not followed precisely, it can result in unwanted Hearings, or re-submission of several pleadings and orders, and even personal liability for unpaid creditors by the personal representative.

The state of Florida has such detailed probate laws, because of our vast retirement population, making our average residents age much higher than in many other states. Hence, Florida probate laws need to be up to date and as simple, yet efficient as possible.

These Statutes also set forth how the personal representative is entitled to compensation for his/her time, and how much probate attorney fees are to be paid. Also set forth in the Statutes, is an explanation of the limited ways you can Probate a small estate in Florida, without an attorney. It is always advisable however, to first seek the advice of a Florida probate attorney, before taking on this complicated process on your own. Florida probate courts have strict and detailed guidelines for probate forms, and if not followed precisely, it can result in unwanted Hearings, or re-submission of several pleadings and orders, and even personal liability for unpaid creditors by the personal representative.

The legislature is attempting to manage a very delicate "balancing act" between the following:

• Free Rights of the decedent to leave property to those of choosing, versus the spouse's rights as a survivor.
• A beneficiary's right to inherit property from his/her loved ones, versus the right of a valid creditor to be paid from the decedent's estate.
• The right of a person to execute a Will leaving property as they want, versus society's obligation to make rules that documents adhere to formalities to prove that there was a valid Will and no fraud involved.

All of these competing interests have resulted in the Florida Probate system we now work with, and still changes every year. For that reason, you must be aware of the most current probate laws and requirement for filing, which a Florida probate attorney would be happy to help with!