Florida Personal Representative Form With Two Points

State:
Florida
Control #:
FL-038-78
Format:
Word; 
Rich Text
Instant download

Description

This form is a Personal Representative's Deed of Distribution where the Grantor is an Individual appointed as personal representative of the estate and the Grantee is the beneficiary entitled to receive the property from the estate. Grantor conveys the described property to Grantee and only covenants that the transfer is authorized by the Court and that the Grantor has done nothing while serving as personal representative to encumber the property. This deed complies with all state statutory laws.

Florida Personal Representative Form, also known as the Florida Probate Forms P-3, is a legal document that allows an individual to be appointed as a personal representative to manage the estate of a deceased person (decedent). This form is essential for initiating the probate process in the state of Florida and carries certain responsibilities and powers for the appointed representative. 1. Appointment of Personal Representative: The Florida Personal Representative Form enables an individual to nominate a personal representative to administer their estate upon their death. It includes details such as the decedent's name, date of death, and the nominated personal representative's relevant information (name, address, relationship to decedent). This form must be signed in the presence of two witnesses and a notary public to validate its authenticity. 2. Duties and Powers of the Personal Representative: The Florida Personal Representative Form outlines the various duties and powers granted to the appointed personal representative. The personal representative is responsible for collecting, managing, and distributing the decedent's assets in accordance with Florida law and the decedent's last will and testament, if applicable. The personal representative must identify and notify the decedent's creditors, pay valid debts and expenses, file necessary tax returns, and ensure the timely distribution of assets to beneficiaries. There are different types of Florida Personal Representative Forms that can be used depending on the circumstances: 1. Formal Administration: This form is utilized when the estate's value exceeds $75,000 or when the decedent has been deceased for more than two years. It involves a more detailed court-supervised process, providing the personal representative with greater power and authority. 2. Summary Administration: This form is applicable when the estate's value is less than $75,000 or when the decedent has been deceased for less than two years. It streamlines the probate process and involves fewer court hearings and requirements. However, it is crucial to meet specific criteria to qualify for summary administration. In summary, the Florida Personal Representative Form is a vital legal document that appoints an individual to manage the estate of a deceased person. It grants the personal representative specific powers and duties, and different forms are available depending on the complexity of the estate and time elapsed since the decedent's death.

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FAQ

Any individual who is at least 18 years old who is a resident of Florida at the time of the decedent's death, is qualified to act as the personal representative. See, §733.302, Fla. Stat.

Under Florida law, individuals who are named personal representatives in the will, surviving family members, and beneficiaries have preference to serve as the personal representative of an estate.

Determine your eligibility: In Florida, the personal representative of a probate estate must be at least 18 years old and have no felony convictions. You must also be a Florida resident, a close relative of the deceased, or a Florida resident who is related by marriage or adoption to the deceased.

In this regard, state law permits one to designate two distinct individuals to serve as personal representatives using a last will. However, doing so might not be the ideal approach, especially in situations involving family disputes.

If the estate value is $1 million or less, your fee is 3% of the estate assets. If the estate value is between $1 million and $5 million, your fee is 2.5% of the estate assets. If the estate value is between $5 million and $10 million, your fee is 2% of the estate assets.

More info

Forms Relating to a Probate Actions. There are a number of forms that can relate to a probate action.This guide provides information for insurance agents to help their customers obtain a Florida Personal Representative bond. This type of proceeding is used where there are considerable assets and it is necessary to appoint a personal representative to act on behalf of the estate. The property will be distributed in accordance with Florida law. What happens if there is a will filed but no personal representative has been named? The property will be distributed in accordance with Florida law. What happens if there is a will filed but no personal representative has been named? Form and procedure set forth in the Florida Rules of. Return (federal Form 706 or 706-NA) is not required to be filed, the personal representatives of such estates should complete Florida Form DR-312, Affidavit of.

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Florida Personal Representative Form With Two Points