Probate is the legal process by which a deceased person’s estate is “administered” in accordance with his Last Will and Testament. The deceased person may have designated someone in his Will to execute his estate. If he didn’t, or if the selected person is unavailable or unwilling to act, the court will appoint a Personal Representative (PR) to act on behalf of the estate.
During the probate process, the PR notifies all of the decedent’s potential creditors of his death and advises them to come forward with their claims against him. The decedent’s obligations are thus resolved, and the PR moves on to distribute the decedent’s leftover property to the beneficiaries noted in his Will. In general, the probate process takes six to nine months to complete.
Because South Florida is home to many retirees, and so many non-residents own property here, i.e. condominiums on the beach, etc., probate law is particularly important in the tri-county area (Miami-Dade, Broward and Palm Beach Counties). Here, especially, it is essential that we keep abreast with developments in Florida probate laws.
If you would like more information about this topic, you may contact me, a Florida Probate Attorney, by email, or call me at (954) 458-8655 and I will be happy to answer your questions. I offer a free initial consultation.
Probate Links of Interest:
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Fraud or Undue Influence Challenges to a Florida Will
- IN THE CIRCUIT COURT FOR SANTA ROSA COUNTY, FLORIDA | Legal #3050 - Navarre Press
- United States: Florida's Fiduciary Lawyer-Client Privilege Is On The Books, But Is It Good Law? - Mondaq News Alerts (registration)
- Florida's Fiduciary Lawyer-Client Privilege is on the Books, But is it Good Law? - The National Law Review
- CPM Attorney, Brittany Pace is Now Licensed in Florida - PR Newswire (press release)
- Probate estate of mother includes debt daughter promised to repay - Palm Beach Post
- Florida Alert: Can a Liability Carrier be Sued for Bad Faith when Its Insured Was Not Exposed to Liability In Excess ... - JD Supra (press release)
- POINT OF VIEW Defund Florida probate court - Palm Beach Post
- Appellate Ruling Upends Bad Faith Law, Fla. Justices Told - Law360 (subscription)
- Estate planning can include probate avoidance steps - Palm Beach Post
- Florida Last Wills: From Onion Skin to the Cloud - Daily Business Review (registration)