Who has priority to act as personal representative in Florida?

If there is NO Last Will and Testament, the Florida Statutes indicate who has priority to act as personal representative (PR) and the law aligns with common sense.

Florida Statute 733.301

733.301 Preference in appointment of personal representative.—

(b) In intestate estates:
1. The surviving spouse.
2. The person selected by a majority in interest of the heirs.
3. The heir nearest in degree. If more than one applies, the court may select the one best qualified.

Small Estate Affidavits: Where to find them?

The short answer is that you can’t.  They don’t really exist. You may have heard a bank or some other financial institution ask you for a small estate affidavit if you don’t want to go through probate. Unfortunately, small estate affidavits are mythical – we don’t have such an instrument that works for estates in…

Letters of Administration – Do you really need them?!


I can’t say this enough: There are many situations where you do not need letters of administration. Many. Yes, the bank or customer service agent you are talking to says you do…but they are just reading from a policy manual or a list of predefined answers. They are not probate lawyers. They aren’t always right….

How long does probate take in Florida?


One of the last few questions I always address at the end of a probate consultation is: “How long does probate take?” Generally: Summary administration typically takes a few weeks from the date of filing to get orders distributing the assets. Anyone who promises anything sooner is being less than forthcoming. (Explained further below.) Formal…

Do I have to Probate the Homestead Property?

homestead property florida probate

We  have been answering this question repeatedly over the last couple of months. If a homestead property is not a probate asset, why does it have to go through probate? Great question. If mom’s house was truly her homestead over the last few decades, you wouldn’t be wrong to assume that it was considered her…

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