Harvey Birdman, Attorney at Law - Jury Of Your Decedents
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Florida Probate
Florida Probate
Attorney Edward J. Chandler, Esq.
Edward J. Chandler, Esq.
708 East Atlantic Blvd.,
Pompano Beach, Fl 33060
Phone: (954)788-1355
Fax: (954)788-1357
1. WHAT IS FLORIDA PROBATE?
Florida Probate is a court-supervised process for identifying and gathering the decedent's assets, paying taxes, claims and expenses and distributing assets to beneficiaries. The Florida Probate Code is found in Chapters 731 through 735 of the Florida Statutes.
Florida probate statatutes provide for two types of probate administration:
A. Formal Administration and
B. Summary Administration
Formal Administration is the primary method used to probate estates in Florida. If the Florida decedent has died within the past two years and the decedents property remaining in their sole name has a value in excess of $75,000 or a will directs formal administration then a formal administration will typically be required. A personal representative is appointed based on who is named in the decedents valid will admitted to probate and whether that individual(s) qualifies to serve as personal representative or based on order of priority based on Florida intestate laws.
An individual personal representative must be a Florida resident or a close relative of the decedent as defined by Florida probate statutes to serve as personal representative of an estate. They also must be at least 18 years of age, not have been convicted of a felony and be of sound mind to act. Assuming these do not present a problem and there was a will the probate of which is not being contested or challenged the named personal representative will be appointed by the judge.
If there is no will the Florida intestate laws for the appointment of the personal representative provide that if there is a spouse they will have priority to serve as the personal representative. If there is no spouse then the nearest in...
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How Does Probate Work Without A Will?
If there is no will, the estate may not need to go through probate. The purpose of probate is to distribute assets and debt. Consult with an estate attorney for probate.
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