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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- REAL ESTATE PEOPLE - Sarasota Herald-Tribune
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- Florida Governor Vetoes Electronic Wills Act - WealthManagement.com