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Florida Estate Laws

Our Firm • Apr 14, 2021
post about Florida Estate Laws

There are two things you need to read to grasp Florida Estate Laws. There are also some other rules and authority which you may want to read. But let’s focus on these two important bodies of law for now. Would you like to read more about Florida Probate, Pour Over Wills, or Guardianship? Then you can click those words. If really want to read more, here is a link for FREE FLORIDA LEGAL COMMENTARY. If you still want to read more about probate law in Florida, watch a host of excellent FREE FLORIDA ESTATE VIDEOS.

Florida Estate Laws. You can read most of them online for free.

Florida Probate Code

To understand Florida Estate Laws, begin with the Florida Probate Code. The Florida Probate Code is contained in Florida Statutes. Chapters 731-735. Those laws will tell you who may participate in a probate, how to open a probate and what must be done. There are laws in there about inventories, and rights and duties. There is also a definition section that helps explain important terms. Like what an “interested person” is. And how a Personal Representative should be acting. Most family members, beneficiaries and heirs like this because their rights are explained. But what if you are trying to exercise your rights in a Florida Probate. Don’t you need to know the procedures?

Florida Probate Rules

While the probate code is important, don’t forget about the Florida Probate Rules. Those rules set forth procedures and guidelines for getting stuff done in a Florida estate proceeding. The rules talk about petitions and hearings and orders, among other things. Technically, they are rules and not laws. But reading them and understanding them will help you understand Florida Estate Laws. The last thing that you may want to read is caselaw. Caselaw is an important part of Florida Estate Law. Although you might not define it as Florida Estate Laws. Why? Because when we think of laws, we think of statutes or ordinances. Caselaw is (are) the written opinions of our appellate courts and the Florida Supreme Court. These appellate courts, or courts of review, tell us what the statutes say. They tell us what the law is if the statutes don’t tell us what to do. And they correct errors of the Probate Courts. Each Wednesday at 10:00 a.m., the appellate courts release their latest opinions. You can read them online for free. Most trial attorneys who handle Florida Probate Trials read these each week. Now, if you are interested in learning about appeals, you can read the Florida Rules of Appellate Procedure. But here is a tip. There is a special appellate rule just for special probate matters. Read. 9.170.