Probate Laws in Florida

Every state has its own specific laws relating to probate (distributing the assets of someone who has died). The Florida probate law is specific to Florida and is codified in the Florida statutes sections 732.101 - 735.302. These statutes tell us how to make a valid will, what beneficiaries will inherit what from a decedent if there is no will, how to gather the assets of the decedent, who to pay what if creditors claim the decedent owed them money and how to distribute assets to the beneficiaries without improperly distributing them and becoming personally liable as the personal representative who did not follow the law.

The probate laws in the State of Florida work well; however, they are complicated and an ordinary person who has little or no experience with estates, taxes, assets or accountings should never try to tackle handling a Florida probate without the advice of a qualified elder law attorney.

Once a personal representative is appointed (usually known as an executor in many other states) the personal representative has many powers and many duties. These are all set forth in the statutes; however, among them are determining if there is a will, determining if the will is valid and able to be probated, determining who the beneficiaries are and where they are located, determining and properly valuing all of the decedent's assets which include checking and savings accounts, certificates of deposit, stocks, bonds, life insurance, real estate, vehicles, personal property such as jewelry, furnishings, antiques among other things. Once the assets are valued a legal decision needs to be made as to what assets have to be probated and are subject to the probate laws of Florida and which pass outside of probate such as a life insurance policy with a named beneficiary. A verified inventory must be made then by the personal representative and various government agencies and beneficiaries properly notified of it.

The probate law provides then in great detail who can be a creditor (debtor) of the decedent such as a mortgage holder, credit card company, doctors or hospitals. Some creditors may be able to be barred and it is very important in this area of the law that you have a qualified elder attorney assist you so that you do not pay a creditor that does not need to be paid or, on the other hand, you neglect to pay a proper creditor with the consequences being that the beneficiaries will not end up with clear title to the asset devised to them.

The probate laws in Florida work well and protect the decedent, valid creditors who are due money from the decedent and the beneficiaries. If you have any questions on probate it would be best to contact a qualified elder attorney. Also, there is a web site which is TheStateofFlorida.com which may be able to assist you in your questions on probate in Florida. It is very important to note that a qualified elder lawyer will be of great assistance to a personal representative in navigating these waters. Call a Florida probate attorney as soon as you are able to do so.