A Brief Overview of the Florida Petition for Discharge and Final Accounting

The Petition for Discharge and Final Accounting is the last phase of the probate process and is important for Florida personal representatives to know about. In a formal administration, the personal representative is in charge of administering the assets of the deceased. They have a fiduciary duty to follow the wishes of the deceased if there was a Will and to do what is best for the estate. The personal Read More

6 Common Causes of Probate Disputes

When a loved one dies and they leave behind their assets (or “estate”), we often see problems arise during the probate process. Probate is the legal process in which the deceased’s estate is administered to their debtors, beneficiaries, and their heirs. As probate often involves the decedent’s family and money, the process can be contentious and can cause legal showdowns between the parties involved. With that said, Read More

Were You Named an Executor? 7 Reasons You Should Hire a Probate Lawyer to Help

The Executor (also known as the Personal Representative in Florida) of an estate is the individual in charge of administering a decedent’s estate. It’s not just a title either. The Executor is in charge of involved responsibilities from locating the assets in the estate to ensuring the decedent’s Will is followed in administering those assets. Usually, the testator (the person making the Will) will name the person Read More

Understanding the Role of the Personal Representative

In Florida, the term “personal representative” is used instead of “administrator” or “executor” in the probate process. Put more simply, the personal representative is in charge of ensuring that the assets in the deceased person’s estate are properly resolved and closed. A personal representative can be a private entity, a bank, or an individual, and is appointed by the judge in probate court unless the decedent Read More

Probate Explained: The Difference Between Formal and Summary Administration

Probate, by definition, is the legal process of distributing or “administering” a deceased person’s estate to their beneficiaries, heirs, and their debtors. Usually the deceased person’s wishes are carried out using legal estate planning documents like wills and trusts. However, if a deceased person did not have a will or other estate planning documents, their estate will be distributed according to state law and Read More

A Quick Q&A on Florida Probate

When a loved one has passed away, it can be difficult to navigate the complex probate process on your own. Probate generally means identifying a deceased person or decedent’s assets, using it to pay off any debts they may have left behind, and distributing the rest to that person’s beneficiaries — all under court supervision. The process can vary from state to state, so here’s what you need to know about Florida Read More

Understanding What Assets Are Required to Go Through Probate

When a loved one passes away without a valid will, their estate may go through a court-supervised process called probate. The courts must handle the estate of the deceased person (or decedent) according to Florida law, which generally means distributing their assets to the appropriate debtors and beneficiaries. To sum up probate: once the decedent’s assets have been used to pay the courts for the probate Read More