Florida Probate Court Information
Below is a MRR and PLR article in category Reference Education -> subcategory Legal.
Florida Probate Court Guide
Understanding Florida's Probate Court System
The Florida probate court is a streamlined process that manages the assets of a deceased Florida resident. This involves collecting assets, settling debts, and distributing what remains to the beneficiaries.
What is Probate?
Probate is the legal procedure for managing the deceased's estate. In Florida, this typically occurs in the probate division of the Circuit Court, overseen by probate judges.
How Does Probate Start?
Probate can be initiated by any beneficiary or creditor, but usually, it's the Personal Representative (executor in other states) named in the will who begins the process. They do this by filing the original will and a Petition for Administration with the probate court. If there's no will, a close relative expecting to inherit typically files the petition.
Who Can Be a Personal Representative?
The role of Personal Representative can be filled by a bank or trust company operating in Florida, any Florida resident, or a non-resident spouse or close relative. Non-relatives who are not Florida residents cannot serve in this role.
How is the Personal Representative Chosen?
If a will exists, the person named as Personal Representative, if eligible, will serve. If they're unable or unwilling, the beneficiaries will select one. Without a will, the surviving spouse can serve, or if unavailable, the beneficiaries will choose.
Is Hiring an Attorney Necessary?
In Florida, Personal Representatives must hire a probate attorney. Although forms are available to the public, they are often too complex for non-attorneys.
How is the Personal Representative Compensated?
Compensation for a Personal Representative in Florida is based on a percentage of the probate estate's assets.
What Are the Rights of the Deceased's Family?
Florida law provides a family allowance for the surviving spouse and minor children and an elective share option for the spouse, which is 30% of the estate. Adult children can be disinherited for any reason unless undue influence is involved.
What Assets Go Through Probate?
Assets owned solely by the deceased are subject to probate. However, assets with specific designations, like Joint Tenancy with Right of Survivorship or Transfer on Death, are excluded. Similarly, life insurance and certain retirement accounts bypass probate.
In some cases, such as when a spouse opts for an elective share, otherwise exempt assets may enter probate.
How is the Estate Distributed Without a Will?
If there's no will, Florida law determines the distribution:
- With a surviving spouse and no descendants: The spouse gets the entire estate.
- With a spouse and shared descendants: The spouse receives the first $20,000 and half of the remaining estate; the descendants share the rest equally.
- With a spouse and non-shared descendants: The spouse and descendants each inherit half.
- Without a spouse but with descendants: Each child gets an equal share; grandchildren step in for deceased parents.
- Without a spouse or descendants: Additional laws determine distribution.
Who Pays Estate Taxes?
Estate taxes are drawn from the deceased's estate per the Internal Revenue Code. These might be paid from the probate estate or include assets like trusts or life insurance, depending on the will. The Personal Representative files Form 706, due nine months after death.
You can find the original non-AI version of this article here: Florida Probate Court Information.
You can browse and read all the articles for free. If you want to use them and get PLR and MRR rights, you need to buy the pack. Learn more about this pack of over 100 000 MRR and PLR articles.