Unfortunately, Florida does not have a small estate affidavit process, with one exception, which means the family will more than likely need to consult a probate attorney to help gain control of the assets.
The formal probate administration usually takes 6-9 months under most circumstances - start to finish. This process includes appointing a personal representative (i.e., the "executor"), a 90 days creditor's period that must run, payment of creditor's claims and more.
This requires several steps: Petition the court to open the estate. The probate attorney will prepare a document called a petition to file with the court to open the estate. File proof of decedent's death. File oath of office. Designate resident agent. Furnish bond. Serve notice of administration.
And letters of administration in Florida cannot be obtained without an attorney. If you know you are named personal representative of an estate in a loved one's will, there is no need to wait on the following steps before the probate process begins. Consider appointing a curator.
This requires several steps: Petition the court to open the estate. The probate attorney will prepare a document called a petition to file with the court to open the estate. File proof of decedent's death. File oath of office. Designate resident agent. Furnish bond. Serve notice of administration.
In Florida, assets that are held in a living trust pass to beneficiaries without probate court proceedings. These trusts must be created before your death, and all assets—including real estate, antiques, vehicles, and so on — must be transferred into the trust under the terms of the trust document.
(1) A petition for summary administration may be filed by any beneficiary or person nominated as personal representative in the decedent's will offered for probate.
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