Category Archives: Probate

Generally, a personal representative can be a person, bank, or trust company. To qualify as personal representative, an individual must be a Florida resident or a close relative of the decedent. An individual who is not a Florida resident, and is not a close relative of the decedent, is not qualified to serve as a personal representative.

Additionally, an individual must be at least eighteen (18) years of age, mentally and physically able to perform the duties, and not a convicted felon.

Florida Statutes Section 733.302 addresses who may be appointed as a personal representative.

Florida Statutes Section 733.303 addresses persons not qualified to serve as personal representative.

Florida Statues Section 733.304 addresses the qualifications for nonresidents to serve as personal representative.

Florida Statutes Section 733.305 states that “All trust companies incorporated under the laws of Florida, all state banking corporations and state savings associations authorized and qualified to exercise fiduciary powers in Florida, and all national banking associations and federal savings and loan associations authorized and qualified to exercise fiduciary powers in Florida shall be entitled to act as personal representatives and curators of estates.”

Our law firm routinely represents clients in probate administration proceedings throughout the state of Florida. Please call (407) 862-9449, email abigail@edelsteinlawoffice.com, or complete our contact form to speak to attorney Edelstein if you have any questions or would like to discuss a probate matter.

A personal representative is in charge of administering the decedent’s probate estate. A personal representative can be a person, bank, or trust company and is appointed by the judge. Florida uses the term personal representative instead of other terms such as executor and administrator.

Part VI of Chapter 733 of the Florida Probate Code describes the duties and power of personal representatives. The following are some duties of personal representatives.

• Identify, marshal, value, and safeguard the decedent’s probate assets.
• Conduct a diligent search to locate “known or reasonably ascertainable” creditors.
• Hire professionals to assist in the administration of the probate estate. For example, attorneys, certified public accountants, and appraisers.
• Pay expenses associated with administering the probate estate.
• Notify creditors of the time limit to file their claim.
• Pay valid claims.
• Object to improper claims.
• File tax returns and pay any taxes that are due.
• Publish a “Notice to Creditors” in a local newspaper to give notice to potential creditors to file their claims.

Our law firm represents clients in probate administration proceedings throughout the state of Florida. Please call (407) 862-9449, email abigail@edelsteinlawoffice.com, or complete our contact form to speak to attorney Edelstein if you have any questions or would like to discuss a probate matter.

In short, probate is the legal process that distributes your property after you pass away. If you executed a last will and testament, your property will be distributed according to your wishes. If you do not have a will, your property will be distributed per Florida’s intestacy laws found in Chapter 732 of the Florida Probate Code.

A Florida court supervises the probate process. During the probate process, the decedent’s assets are identified and gathered, the decedent’s debts are paid, and assets are distributed to the decedent’s beneficiaries.

The Florida Probate Code is found in Chapters 731 through 735 of the Florida Statutes, and the rules governing Florida probate proceedings are found in the Florida Probate Rules, Part I and Part II (Rules 5.010-5.530).

Our law firm represents clients in probate administration proceedings throughout the state of Florida. Please call (407) 862-9449, email abigail@edelsteinlawoffice.com, or complete our contact form to speak to attorney Edelstein if you have any questions or would like to schedule a free consultation.

If you own a Florida timeshare in your individual name it will be subject to probate if you pass away. A Florida probate action is required to transfer the Florida timeshare to your heirs or beneficiaries. Since timeshares are considered real property, the probate must be administered by a Florida Court in the county or judicial circuit where the timeshare is located. If you own a Florida timeshare and are not a resident of Florida, an ancillary probate administration can be commenced if a domiciliary estate administration has been commenced in the decedent’s home state.

Our law firm represents clients in probate administration proceedings throughout the state of Florida. We frequently represent non-Florida residents who need to probate a Florida timeshare they inherited. Please call (407) 862-9449, email abigail@edelsteinlawoffice.com, or complete our contact form to speak to attorney Edelstein if you have any questions or would like to schedule a free consultation.