Forms and Assistance
Affidavit of Heirs Checklist for Closing Estate Checklist for Opening Estate Civil Indigence Application Disposition of Personal Property Waiver & Consent Disposition of Personal Property Without Administration Disposition of Personal Property Without Administration - Verified Statement List of Probate Forms Living Wills Probate in Florida Revocable Trusts in Florida Statement of Claim Summary Administration Checklist
Wills And Estates FAQ'S (850) 606-4180
There are 3 basic types of proceedings for administering the decedent's estate:
Formal Administration - This type of proceeding is used when it is necessary to appoint a personal representative to act on behalf of the estate because there are considerable assets or other special circumstances. The capacity in which the representative will act is determined by the Court at the time of the appointment and letters of administration will be issued to the representative so that he/she may complete the administration of the estate.
Summary Administration - Summary administration may be filed when the value of the entire estate does not exceed $75,000 or, that the decedent has been dead for more than 2 years. .
Disposition of Personal Property Without Administration - The disposition is filed to request release of assets of the deceased to the person who paid the final expenses, such as funeral bills or medical bills for the last 60 days. This procedure may be accomplished with the filing of a petition. The form required to file the disposition is available from the Clerk of Circuit Court in the Probate Division. This cannot include real property.
Probate proceedings are initiated with the filing of a petition by an interested person asking to be appointed personal representative and/or distribute property depending on size and complexity of property. The petition is normally prepared by an attorney. The appointed person will be responsible for the estate until all bills are paid and the balance of the estate is distributed to the rightful beneficiaries.
Florida Rules of Probate Procedure 5.030 says:
(a) Required; Exception. Every guardian and every personal representative, unless the personal representative remains the sole interested person, shall be represented by an attorney admitted to practice in Florida. A guardian or personal representative who is an attorney admitted to practice in Florida may represent himself or herself as guardian or personal representative.
If you need assistance in finding a probate lawyer, this LINK will help.
The Court will enter an order either allowing or disallowing the release of the assets. A certified copy of the order is then mailed to the petitioner.
The property will be distributed in accordance with Florida law.
It will be necessary for an attorney to petition the Court to appoint a personal representative to administer the estate.
A will is a document executed by a person which disposes of his/her property after death. It generally names a personal representative to administer the estate. The custodian of the will must deposit the will with the Clerk of the Circuit Court, within 10 days after receiving information that the person is deceased. The custodian should supply the person's date of death or the person's social security number to the Clerk upon deposit of the will, if this information is available.
Probate is a legal process through which the assets of a deceased person are distributed to the heirs or beneficiaries. The Court oversees the estate to make sure debts are disposed of and proper distribution is made.
The following must be provided: