Understanding the Florida Probate Rules is important. Probate is the procedure by which a deceased’s estate is distributed fairly to heirs and appointed beneficiaries and any debt owed to creditors is settled out. In particular, the probate property is allocated according to the last will and testament of the decedent, if there is one, or, if there is no will, according to state intestacy laws.
Beneficiaries in a Florida-administered estate have certain rights as laid out in the Florida Probate Code and the Florida Probate Rules provided under Florida law. The Florida Probate rules govern the procedure in all probate and guardianship proceedings. Fla. Prob. R. Part I applies to all proceedings and Part II applies to probate alone.
Generally, the assets of the decedent are first used to pay the costs of the proceeding of the probate, then used to pay the funeral costs of the decedent, then the unpaid debts of the decedent and the remaining portion are distributed to the beneficiaries of the decedent.
Florida Probate Law
Probate is required to transfer ownership of the estate of the deceased to the beneficiaries. If the decedent left a valid will, it will be inadequate to pass ownership of probate assets to the beneficiaries of the decedent unless the will is admitted to probate in court.
Under the laws of Florida, if the decedent did not have a will, probate will be necessary to pass ownership of the probate assets of the decedent to those who are identified as beneficiaries.
Why hire a Probate Attorney?
Probate is a tedious court process requiring the submission of documents, the filing of notices, and the informing of scheduled hearings by different government agencies.
There may also be times when a probate judge or a representative of the court will ask for documents to be reviewed, which will abandon you to and from the courts without much notice or time.
Speaking to an expert probate attorney at the Finity Law Firm will help you to skip the courtrooms completely, as an attorney can handle all of those matters on your behalf.
- Amendments to the Florida Probate Rules — 2021 Fast-Track Report