The Florida Probate Process
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Transcript of The Florida Probate Process
The Executor appointed in the decedent’s Last Will and Testament
The Personal Representative if the decedent died intestate (without a
Will)
A beneficiary or heir of the estate
A creditor of the estate
Summary administration – if the value of the estate subject to probate in Florida, less exempt
property, is not more than $75,000, and if the decedent’s debts are paid,
or the creditors do not object
Disposition without administration – if probate estate
assets consist solely of property classified as exempt from the claims of the decedent’s creditors and non-exempt personal property, the value of which does not exceed the total of
(1) the amount of preferred funeral expenses; and
(2) the amount of all reasonable and necessary medical and hospital
expenses incurred in the last 60 days of the decedent’s final illness, if any
Real and personal property
Tangible and intangible assets
Assets held in a trust
Certain types of joint property
Proceeds of a life insurance policy
Asset held in a “Payable on Death (POD)” or “Transfer on death (TOD)”
account
All creditors of the estate must be notified that probate is underway
Known creditors should be personally notified
Unknown creditors are notified via publication
Creditors have 90 days to file a claim against the estate
The PR must review all claims and pay approved claims out of estate
assets
If insufficient liquid assets exist to pay approved claims, estate assets
may need to be sold to raise the required funds
Lack of testamentary capacity
Undue influence
Fraud
Duress
The PR has a duty to defend the Will submitted to probate
The entire probate process essentially comes to a halt while the Will contest is litigated because the outcome determines what happens
next
If the Will is declared valid, probate resumes using the Will
If the Will is declared invalid, the court looks for another valid Will. If no valid Will exists the Florida laws of intestate succession are used to
probate the estate