In Florida, the initiation of probate can be done by a variety of parties depending on the circumstances surrounding the estate. Generally, the personal representative (P.R.) named in the decedent’s will initiates probate by petitioning the court for appointment as...
In Florida, a personal representative (executor) can sell the property of the estate during a formal probate administration without the approval of all beneficiaries based on language that may be contained in the decedent's will or in accordance with Florida statutory...
According to Florida law, an executor (a/k/a "Personal Representative") has a duty to promptly settle an estate and make distribution of the assets to the beneficiaries: It is contended that the law makes it the duty of an executor to promptly settle an estate and...
According to Florida law, a petition to determine homestead in probate is typically filed to change record title to the property or release the personal representative from any obligations related to the property: Generally, petitions to determine homestead are...
According to Florida law, the affairs of a corporation, even if substantially owned by a decedent, cannot be administered by the decedent's executor as assets of the decedent's estate: The District Court of Appeal held, and we agree, the language of Central Farmers...
According to Florida law, the assets that must go through probate include all real and personal property of the decedent, except the protected homestead (see below), within Florida and the rents, income, issues, and profits from it. This includes any property a...
According to Florida law, any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as intestate property: 732.101 Intestate estate.— (1) Any part of the estate of a decedent not effectively disposed of by will passes to...
Publishing a notice to creditors in summary administration can bar creditor claims when the creditor fails to file a claim within three months after the time of first publication or 30 days of receiving the notice directly. Additionally, publication reduces the amount...
According to Florida law, a widow (surviving spouse) is not responsible for her husband's debt after his death. The personal representative of the husband’s estate (assuming probate is necessary, which may not be the case) is responsible for paying any valid, properly...