Videos FAQ

What is Probate? After somebody dies, their assets have to be distributed. The court oversees the distribution of the assets. That is called probate.

What are the 2 Types of Florida Probates? In Florida, there’s two main types of probate administration. There’s a Summary Administration, which is generally if the amount of the assets are under $75,000 or if the person has been deceased more than two years. And then there is a formal administration, which is a more elaborate kind of administration, where the court appoints a personal representative, and you have to publish in the newspaper. It’s more involved

What is a Personal Representative in Probate? A personal representative in some states, it’s called an executor, is the person who’s been designated by the court to oversee the administration of the estate. The person who passed away, if they have a will, appoints a personal representative in his will, and that’s the person who has priority to become the personal representative.

Who opens a Probate in Florida? The probate is usually opened by the person who was appointed in the will as the personal representative, with the assistance of an attorney, usually, or most of the time, the will of the probate is filed in the county where the deceased person lived.

Must creditors be paid in a Probate? Creditors cannot be ignored. All known creditors, for instance, like credit card bill or hospital bill, they have to be notified by certified mail about the probate. At that point, the creditor has the opportunity to file claims with the probate court against the estate. The Personal Representative then has to make the decision whether to pay the claim, try to negotiate the claim or challenge the claim. But the claim cannot be ignored.

Why is it important to have a Will? It’s important to have a will, because it gives the power of where your assets are going to go to that person. If a person dies without a will, then it’s decided by Florida law and not by the person who passed away.