How Can I Obtain Appointment as Administrator When a Higher-Priority Heir Exists in Florida?
Detailed Answer In Florida, when someone dies intestate (without a valid will), the court appoints an administrator to handle the estate. Section 733.201, Florida Statutes, establishes a strict order of priority for appointment: surviving spouse, children, parents, and so on. You can review this hierarchy in detail here: F.S. 733.201. If a higher-priority heir exists, […]
Read article →How can a guardian or guardian ad litem be appointed to manage a minor’s interest in an estate in Florida?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When a minor inherits property or holds an interest in an estate in Florida, the court must appoint someone to safeguard those assets. You can protect a minor’s estate interest in two main ways: by appointing a guardian of […]
Read article →What Steps Protect a Minor’s Inheritance in Florida When the Decedent Did Not Leave a Will? (FL)
Detailed Answer Disclaimer: This article is for informational purposes only. It does not constitute legal advice. Consult a qualified attorney for guidance. When someone dies intestate (without a will) in Florida, intestate succession rules under Florida Statutes Chapter 735 define who inherits. If one of the heirs is a minor, Florida law provides several safeguards […]
Read article →What mechanisms ensure the administrator complies with estate duties and bond requirements? Florida
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. 1. Court-Ordered Bond Requirement Under Florida law, an estate administrator (personal representative) must post a bond to protect the estate against financial loss. Florida Statutes §733.2071 requires a bond […]
Read article →Can a Personal Representative Seek a Commission on Estate Assets and Sale Proceeds in Florida?
Florida Personal Representative Commission Rules In Florida, a personal representative earns commissions on estate assets under a statutory cap. Florida Statutes §733.617 sets these rates and governs how courts approve compensation. This section explains how to calculate commissions, why sale proceeds do not trigger a second commission, and how to request additional pay for extraordinary […]
Read article →What steps are required to locate, inventory, and distribute estate assets and settle debts in Florida?
Disclaimer: This article provides general information and does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation. Detailed Answer Open the Estate: File a petition for administration in the circuit court of the decedent’s county of residence. The court appoints a personal representative (formerly called executor). See Fla. Stat. […]
Read article →How Do Intestacy Rules Apply If No Valid Will Is Found? (FL)
What Happens When No Valid Will Is Found? Florida Intestacy Rules Explained Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When a person dies without a valid will, Florida law (intestacy) dictates how their assets distribute. The Florida Probate Code, Chapter 732, sets forth a clear heir […]
Read article →Which court or county office handles estate administration and unclaimed property claims in Florida?
Disclaimer: This article provides general information under Florida law and does not constitute legal advice. For advice on your specific situation, consult a qualified attorney. Detailed Answer Estate Administration In Florida, probate and estate administration occur in the Circuit Courts. Florida has 20 judicial circuits. Each circuit court has exclusive jurisdiction over matters involving the […]
Read article →What Steps Are Required to Open an Estate Proceeding When No Probate Case Exists in Florida?
Detailed Answer When a person dies in Florida and no probate case exists, heirs or beneficiaries must open an estate proceeding to transfer assets and pay debts. Florida law offers two primary tracks: formal administration and summary administration. Choose the process based on asset value, the existence of a will, and creditors’ claims. Step 1: […]
Read article →How to Determine if a Probate Estate Has Been Opened for a Decedent in Florida
Disclaimer: This article is for informational purposes only. It does not constitute legal advice. Detailed Answer To determine if a probate estate has been opened for a decedent in Florida, follow these steps: Identify the county of domicile: In Florida, probate matters are handled in the county where the decedent lived at the time of […]
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