Got Letters of Administration! What now?

LongFlorida Probate Process

This is a followup to my previous post on starting Probate in Florida, specifically Formal Administration. The initial push in probate is dedicated to convincing the judge to appoint you as the personal representative (PR) and then issuing Letters of Administration. Now that you’ve got your credentials, it’s time to get to work. Here are your initial responsibilities once you’ve … Read More

How to Start Probate in Florida

LongFlorida Probate Process

How to start probate in Florida

Florida Probate administration can be relatively hassle-free with the right guidance and representation. It’s easy enough to say “hire an attorney” and frankly, it’s almost always your only choice. But, there’s no reason you should be in the dark about the process. During consultations, about the process, time frames, costs and pitfalls to watch out for once a probate administration … Read More

Who has priority to act as personal representative in Florida?

LongFlorida Probate Process

If there is NO Last Will and Testament, the Florida Statutes indicate who has priority to act as personal representative (PR) and the law aligns with common sense. Florida Statute 733.301 733.301 Preference in appointment of personal representative.— (b) In intestate estates: 1. The surviving spouse. 2. The person selected by a majority in interest of the heirs. 3. The … Read More

Small Estate Affidavits: Where to find them?

LongFlorida Probate Process

The short answer is that you can’t.  They don’t really exist. You may have heard a bank or some other financial institution ask you for a small estate affidavit if you don’t want to go through probate. Unfortunately, small estate affidavits are mythical – we don’t have such an instrument that works for estates in Florida. You have three options: … Read More