What does a Florida probate case entail?

A Florida probate case generally involves, appointing a personal representative (referred to as an executor in some states).  The personal representative ("PR") is appointed because he/she was named in the will or in an intestate intestate estate (intestate means without a will) the person who the courts appoints as PR.  Once a PR is appointed, the PR collects assets, notices creditors and pays valid creditor claims and distributes the assets according to the will or in accordance with the Florida intestacy statues.  If you have any concerns regarding a probate matter you should contact Florida Bar Board Certified wills, trusts and estates expert Matthew Linde.  

The probate system in Lee County is conducted in a division of Circuit Court in the majority of Florida counties, and at least one probate judge is tasked with overseeing the court.

Any creditor or beneficiary can start the probate process, but it's usually the executor or personal representative, who initiates the process. This person will file the original will and a petition for administration. If the deceased did not have a will, one of the descendant's close relatives who expects an inheritance will file the petition for administration

As long as you have a valid will, it will determine how and to whom your estate is transferred. In the absence of a will, or if your estate is just partially covered by a will, Florida laws will mandate how your estate will be distributed.

Generally, the Florida court follows the same process:
  • admitting the will and appointing the personal representative;
  • notifying the public, creditors, heirs that the  decedent has died;
  • taking inventory on the decedent's property; and
  • distributing the property.

If you find yourself amidst a Florida probate case and have run into any complicated factors, you can get help from an estate attorney in Fort Myers.

Help from an Estate Planning Attorney in Fort Myers is Just a Phone Call Away

Fort Myers estate planning attorney Matthew A. Linde understands firsthand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with your estate planning concerns, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions - 239-939-7100 or 844-357-0572.

Matthew A. Linde
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