Vega Hopper

1. What is Probate? Probate is the approach by which the assets of a deceased particular person are gathered, creditors paid, and the remainder of the estate distributed to beneficiaries. In most Florida counties, the probate program is conducted in a specialized probate division of the Circuit Court, beneath the oversight of a single or a lot more probate judges. 2. How is Probate Initiated? Though any beneficiary or creditor can initiate probate, normally the particular person named in the will as Private Representative, also known as the executor in other states, starts the method 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. 3. Who is Eligible to Serve as Personal Representative? A bank or trust organization operating in Florida, any individual 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 Individual Representative. 4. Learn more about partner sites by going to our commanding article. How is the Individual Representative Selected? If the decedent had a will, the individual named in the will as the Individual Representative will serve, if eligible. If that individual is unable or unwilling to serve as Private Representative, the individual selected by a majority of the beneficiaries in interest of the estate shall choose the Personal Representative. If there is no will, Florida law supplies that the surviving spouse could serve, or, if there is no spouse or the spouse is unable or unwilling to serve, the individual chosen by a majority of the beneficiaries in interest shall serve. 5. Is the Personal Representative Essential to Retain an Lawyer? In Florida, the Personal Representative is essential in virtually all probate estate to retain a Florida probate attorney. Although the Florida probate forms are offered to the public, these are of no use to a non attorney. 6. How is the Personal Representative Compensated? Florida law provides a compensation schedule for the Private Representative, based on a percentage of the assets of the probate estate. 7. Is the Family of a Deceased Person E