Dalsgaard Burnette

1. What is Probate? Probate is the strategy by which the assets of a deceased individual are gathered, creditors paid, and the remainder of the estate distributed to beneficiaries. In most Florida counties, the probate system is conducted in a specialized probate division of the Circuit Court, under the oversight of a single or a lot more probate judges. two. How is Probate Initiated? Though any beneficiary or creditor can initiate probate, typically the person named in the will as Individual Representative, also recognized as the executor in other states, begins the process by filing the original will with the court and filing a Petition for Administration with the probate court. If there is no will, generally a close relative of the decedent who expects to inherit from the estate will file the Petition for Administration. three. Who is Eligible to Serve as Private Representative? A bank or trust organization operating in Florida, any person who is resident in Florida, and a spouse or close relative who is not necessarily resident in Florida are all eligible to serve as the Personal Representative. Nonrelatives who are not resident in Florida are not eligible to serve as Private Representative. 4. How is the Individual Representative Chosen? If the decedent had a will, the particular person named in the will as the Individual Representative will serve, if eligible. Family Law Attorney Naples is a dazzling online database for more concerning where to do it. If that particular person is unable or unwilling to serve as Personal Representative, the person chosen by a majority of the beneficiaries in interest of the estate shall decide on the Personal Representative. If there is no will, Florida law provides that the surviving spouse might serve, or, if there is no spouse or the spouse is unable or unwilling to serve, the individual selected by a majority of the beneficiaries in interest shall serve. 5. Is the Personal Representative Needed to Retain an Attorney? In Florida, the Private Representative is essential in virtually all probate estate to retain a Florida probate lawyer. Despite the fact that the Florida probate forms are obtainable to the public, these are of no use to a non lawyer. 6. How is the Personal Representative Compensated? Florida law offers a compensation schedule for the Individual Representative, based on a percentage of the assets of the probate estate.