In other states, the person(s) representing the probate estate is sometimes called an “executor” (“executrix,” for females) or “administrator” (“administratix”). However, here in Florida, the person who represents the estate of a decedent and has the job of...
In Florida, when a person passes away the law leaving property or other assets, an estate is commonly opened to distribute the assets according to the decedent’s wishes or by the laws of intestacy. However, before any distribution of estate assets can be done there...
In Florida, when a person passes away owning property within the state, that person leaves behind a “probate estate.” Florida law requires that someone be appointed the estate’s “personal representative” (in other states sometimes referred to as an executor,...
When someone passes away in Florida, our probate laws work to protect that person’s property on behalf of their heirs, beneficiaries, and creditors. An “estate” is created and overseen by an administrator approved by a Probate Judge. This administrator, or the...
In Florida, laws exist creating temporary ownership of a decedent’s property in an estate. An estate is legally a separate entity, and is administered by a Court-appointed personal representative. At the exact moment of death, legal ownership instantly moves from the...
When someone dies in the state of Florida, the law allows for the creation of an “estate” to act as the owner of the decedent’s property, real and personal, as well as the decedent’s debts (bills, taxes, etc.). If a formal probate administration is opened,...
As a Probate Lawyer, I am often asked by clients to explain the Florida probate process. Since I could never explain every element of a Florida Probate during one phone call or meeting, I decided to set-up a blog that contains a discussion of the probate process for...
In Florida, probate estates are created when someone passes away. At that time, and after a petition is filed a “Personal Representative” is appointed by the Florida probate judge to oversee the distribution of the property held by the estate to the heirs and...
Florida law is very protective of property ownership rights in our State. Under the law, there is never a moment when any piece of property is not owned by someone or something. Maybe it’s a person, or an estate, or a trust or some other legal entity (Corporation,...
