What do you need to know about probate in Florida?

What do you need to know about probate in Florida?

Step-by-Step Guide to Florida Probate Administration. In Florida, probate is necessary when someone who resided or owned property in Florida dies and leaves assets behind. The Florida Probate Code contains detailed instructions for the probate process and, in almost all cases, requires that a licensed attorney administer the estate.

How do I file a will in Florida probate court?

The Florida Probate Process Step-By-Step The Florida Probate Process: Filing the Petition for Probate To begin the probate process, a petition for probate must be filed with the clerk of the Florida circuit court in the county where the testator (writer of the will) lived and the will must be admitted to probate.

What happens to an intestate estate in Florida?

Intestate estates can pose significant complications for beneficiaries and other interested parties. For Florida intestate estates, the appointment of a personal representative and asset distribution are made in accordance with probate law, with the decedent’s surviving spouse and closest heirs generally given preference.

Does Weidner law specialize in probate law in Florida?

Here at Weidner Law, we specialize in probate law in the St Petersburg, Florida area and we have assisted more than a few Florida residents with the probate process.

Who pays for funeral expenses in Florida probate proceedings?

In general, the decedent’s assets pay the probate proceeding’s cost, the decedent’s funeral expenses, then the decedent’s outstanding debts. The remainder of the assets is distributed to the decedent’s beneficiaries. You can find the Florida Probate Code in Chapters 731 through 735 of the Florida Statutes.

What are the duties of a personal representative in Florida probate?

The personal representative has a legal duty to administer the probate estate according to Florida law. The personal representative must: Identify, gather, value, and safeguard the decedent’s probate assets. Publish a “Notice to Creditors” in a local newspaper to notice potential claimants to file claims in the manner required by law.