Involved in a Florida probate matter? Maybe your rich aunt Jean died in Palm Beach Gardens and left you in charge. Or, you are a beneficiary under your Uncle Lou’s estate plan and you don’t know what these Palm Beach probate documents are which you just received by certified mail from the Florida executor of the estate.
Florida Probate : Knowing Some Basics
- The probate process in Florida does not have to be confusing
- The executor of the will should be answering your questions
- And so, too, should the Florida probate lawyer who represents the executor of the will
- But remember this: while an executor of the will, what we call a Palm Beach personal representative is a fiduciary, don’t expect legal advice
- The Florida probate lawyer who represents the executor of the will does not represent you: even though their work will help you, and other beneficiaries of the Palm Beach probate
- Helpful, yes…..guiding? No. You really need to get your own advocate, your own probate attorney, to get un-biased advice and guidance
Petition for Administration vs. Notice of Administration
- Do you know the difference between a Petition for Administration and a Notice of Administration under Florida probate law?
- Do you know which one gives you 20 days to answer and which one gives you 3 months to object to the will?
- The good news is that the Florida Probate Rules are online
- Check out Florida Probate Rule 5.200 for the Florida Petition for Administraiton
- Check out Florida Probate Rule 5.201 for a Notice of Administration
- Do you know which one MUST be filed and which one may be filed or served ? And under what circumstances ….. ?