Beginning Florida Probate Administration

Do you need to “open” a Florida probate?  How does one begin the probate administration process in Florida?   How do you “open” a Florida probate?  How does one administer a Florida estate and deal with a Florida will? The good news is that opening a Florida probate in Palm Beach County, Broward County or Miami- Dade County, Florida is not terribly difficult but there are some traps for the unwary.  The person in possession of a deceased person’s will is referred to under Florida law, and to by Florida probate attorneys, as the “custodian.”  The custodian should file the will of the deceased Florida resident with the clerk of the court for the Florida county where the decedent resided.   You must then pay the filling fee with the clerk of the court and file a petition for administration.  A Florida petition for administration sets forth basic facts about the deceased Florida resident, the Florida estate, the deceased person’s heirs at law, and who may serve as the administrator of the estate—what we call a “personal representative” in Florida.  Some states outside of Florida refer to one who administers an estate as an “executor.”  Persons who are interested in the estate are entitled to notice of the probate, and they will have a chance to participate in the estate administration process.  After the proper paperwork is before the court, and after the Florida probate internal timeframes have run, the probate court judge will consider the petition and appoint someone to administer the estate.    How will you know what your rights and obligations are?  How will you know what duties you owe to beneficiaries?  Talk to an experienced Florida probate lawyer whose practice is limited to wills, trusts, estates and inheritances.  For a free consultation about your  Florida estate rights and duties of a personal representative in Florida, please email michelle@pankauskilawfirm.com  Advocate hard. Litigate smart.