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PROBATE GUIDE

January 11, 2018

PROBATE VERSUS NON-PROBATE ASSETS

The decedent (deceased) will most likely have held assets that may or may not be subject to probate. 

Assets that may be Probated. 

Probate assets are those which the decedent individually owned including but not limited to personal prope...

January 5, 2018

Venue for an Ancillary Probate Proceeding in Florida

The venue for Florida ancillary probate proceedings is in any Florida county where either the decedent’s property is located or if there is no Florida property then where any debtor of the decedent resides. 

Beginning...

January 5, 2018

Florida statutes suggest presumptively reasonable personal representative commissions. This statutory schedule is not mandatory and may be adjusted by provisions in the will or by contract between the personal representative and the testator.  This commission is based...

January 5, 2018

Florida Statute requires that an ancillary personal representative must be represented by an attorney admitted to practice in Florida unless the ancillary personal representative is either admitted to practice law in Florida and acting as the personal representative or...

January 5, 2018

Personal representatives appointed in Ancillary Probates have the same rights, powers, and authority as all personal representatives in Florida to manage estates including but not limited to the ability to sell, lease, or mortgage local property and raise funds for the...

January 5, 2018

Wrongful Death Actions brought forth by the Personal Representative

A frequent issue our firm deals with are Wrongful Death Actions brought forth by the Personal Representative when the decedent died in Florida.   In this situation, as long as the foreign personal repre...

January 5, 2018

Under the Florida Probate Code, Florida law requires that, at the time of the decedent’s death, a personal representative be at least 18 years of age and in the majority of cases, A Florida resident.  (§§ 733.302 and 733.304, Fla. Stat.) However, under certain occasion...

January 4, 2018

Section 655.936 of Florida Statutes provides the rule for the disposition of the contents of safe-deposit boxes upon death. A personal representative appointed by a Florida court is allowed to access any safe-deposit box held in the decedent's name and permitted to rem...

January 4, 2018

There are methods to avoid having to go through an Ancillary Probate in Florida but it requires a lot of pre-planning that must take place before decendent's death.  It is highly advisable to consult an attorney where you are domiciled before proceeding....

January 4, 2018

A Florida ancillary probate may be necessary if a non-resident died leaving:

  • Assets in Florida.

  • Debts due from Florida residents.

  • Liens on Florida property.

The location of these Florida assets is determined based on the type of asset.  Debts owed to non...

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Probate versus Non-Probate Assets

January 11, 2018

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