Got Letters of Administration! What now?
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.[clear] Here are […]
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.[clear] During consultations, [highlight]I want to educate people[/highlight] about the process, time frames, costs […]
Who has priority to act as personal representative in Florida?
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 […]
Small Estate Affidavits: Where to find them?
The short answer is that you can’t find them. They don’t exist in Florida. Many banks and financial institutions suggest that a “small estate affidavit” will satisfy bank policy and allow them to release funds. Unfortunately, small estate affidavits are mythical – we don’t have such an instrument that works for estates in Florida. Alternatives to […]
How long does probate take in Florida?
One of the last few questions I always address at the end of a probate consultation is: “How long will Probate take?” Generally speaking: Summary administration typically takes a few weeks from the date of filing to get orders distributing the assets. Anyone who promises anything sooner is being less than forthcoming. (In some counties, […]
Do I have to Probate the Homestead Property?
We have been answering this question repeatedly over the last couple of months. If a homestead property is not a probate asset, why does it have to go through probate? Great question. If mom’s house was truly her homestead over the last few decades, you wouldn’t be wrong to assume that it was considered her […]
I AM the Personal Representative…or am I?
You’ve got the original Last Will and Testament and it declares you as the Personal Representative (or Executor, Administrator). You were the “chosen one”, right? It says that so it must be so! Right? Wrong. When a person drafts a Will, they are nominating someone to act as Personal Representative (PR), Executor or Administrator of […]
Summary or Formal Administration? A simpler analogy.
Florida probate administration has two (2) primary types: Summary Administration or Formal Administration Summary Administration is like a closet: Open closet door Reach in to grab what you need Close closet door [clear] Formal Administration is like a hallway: Open hallway door Walk down the hallway Take care of tasks along the way Exit door […]
More than 2 years since the Date of Death? Probate that estate!
A little known fact about Florida probate law is that if more than 2 years have passed since the date of death, virtually all creditors claims are barred! Yes, barred – meaning, no can do. Though there are rare occasions where claims can be enforced, it is simply that … rare. What does this mean […]
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