Category Archives: Florida Probate Process

I AM the Personal Representative…or am I?

You’ve got the original Last Will and Testament and it declares you as the Personal Representative (or Executor, Administrator). You were the “chosen one”, right? It says that so it must be so!  Right? Wrong. When a person drafts a Will, they are nominating someone to act as Personal Representative (PR), Executor or Administrator of…

Florida probate – Summary or Formal Administration? A simple analogy

Florida probate administration has two (2) primary types:  Summary Administration or Formal Administration So which do you choose?  The red pill or the blue pill? Neither. The analogy doesn’t really fit (I just liked the photo). Here’s a better analogy (I hope): Summary Administration is like a closet: Open closet door Reach in to grab…

More than 2 years since the Date of Death? Probate that estate!

A little known fact about Florida probate law is that if more than 2 years have passed since the date of death, virtually all creditors claims are barred! Yes, barred – meaning, no can do. Though there are rare ocassions where claims can be enforced, it is simply that … rare. What does this mean…

Free download: “Understanding the Florida Probate Process”

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How to “prove” a Will in Florida Probate Court

Anytime you have a testate estate (when there IS a Last Will), one of the first hurdles of probating that Will is “proving” it. Huh? Okay, where do I begin? There are invariably two kinds of Wills that come across my desk:  “Self-Proved” and NOT “Self-Proved”. Silly, I know, but the difference is quite significant….