Probate in Florida | FL Legal Resources | FastCounsel

Florida: Reconsidering Letters of Administration and Replacing an Administrator

Short answer Yes. Under Florida law you can ask the probate court to revoke or remove issued letters of administration and to appoint a different personal representative — including a sole heir — but only by following the court’s procedures and proving legal grounds (priority, disqualification, misconduct, or failure to qualify). The court will decide […]

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Florida: How to Challenge an Administrator or Bank Closing a Deceased Parent’s Joint Bank Account

Detailed answer: What to do if an administrator or bank closed your father’s joint bank account without notifying heirs (Florida) Short answer: First determine whether the account was truly a joint account with rights of survivorship, a “convenience” account, or an account payable-on-death (POD). Then preserve evidence, demand records in writing from the bank or […]

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How to Review and Correct Missing or Incorrect Probate Filings in Florida

Detailed Answer This page explains, under Florida law, how you can review and seek correction for missing or incorrect probate filings in your father’s estate. This is a practical, step-by-step guide for someone starting with no legal background. It explains how to access the probate file, what filings to look for, how to fix errors […]

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Fixing Errors in Probate Paperwork in Florida

Disclaimer: This is educational information and not legal advice. I am not a lawyer. For specific legal help, consult a Florida probate attorney. Short answer If a probate filing in Florida lists the wrong people (for example, the wrong siblings), the common fixes are: correct clerical mistakes by filing an amendment or motion with the […]

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Challenging a Grandparent’s Appointment as Estate Administrator in Florida

Detailed Answer This article explains, in plain language, how someone in Florida can challenge a grandparent’s appointment as estate administrator. It assumes no prior legal knowledge and outlines practical steps, possible legal grounds, and what to expect in Florida probate court. This is educational information only and not legal advice. Where probate matters are heard […]

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Transferring Florida Real Property Through Probate Without Court Supervision

How to transfer Florida real property through probate without court supervision This FAQ-style guide explains, in plain language, how a decedent’s Florida real property can pass under a will when the administration proceeds without active court supervision. This is educational information only and not legal advice. Detailed answer Overview. In Florida, the practical equivalents of […]

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How to Open a Spouse's Probate Estate in Florida to Pursue a Federal Toxic-Exposure Claim

Detailed Answer This article explains, under Florida law, how to open a deceased spouse's probate estate so an appointed representative can pursue a federal toxic-exposure claim on behalf of the decedent's estate. This is a general guide only — it does not give legal advice. If you need help, contact a Florida probate attorney and […]

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Florida: How to Challenge an Administrator’s Claim to Real Property You Inherit

Can you stop an administrator who claims ownership of property you should inherit? Short answer: Yes — under Florida law beneficiaries and heirs can challenge a personal representative (administrator) who improperly claims ownership or transfers estate real property. You must act in the probate process or in court quickly and follow specific steps to protect […]

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Florida: Surplus proceeds when a property owner dies intestate and siblings are involved

How surplus sale proceeds are handled when an owner dies intestate and siblings are involved (Florida) Short answer: If a property owner dies without a will (intestate) and there are surplus proceeds from a sale of the property (for example, a foreclosure sale or tax sale), those surplus funds normally belong to the decedent's heirs […]

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How to File a Motion to Claim Surplus Funds After a Foreclosure in Florida

Detailed Answer — How to file a motion to determine your right to surplus funds after a Florida foreclosure When a foreclosure sale produces proceeds in excess of the amounts owed, the court or clerk holds the surplus until someone with a legal claim asks the court to release it. If your mother’s home was […]

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