Who has priority to act as personal representative in Florida?

LongFlorida Probate ProcessLeave a Comment

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 … Read More

Small Estate Affidavits: Where to find them?

LongFlorida Probate Process

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 Florida. You have three options: … Read More

Letters of Administration – Do you really need them?!

LongFlorida Probate Tips

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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. That’s what the legal department … Read More

How long does probate take in Florida?

LongFlorida Probate Process

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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 administration typically takes anywhere from … Read More