Suing An Estate Executor Without A Will In Miami-Dade
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FAQ
When heirs do not receive the inheritance they are legally due because of an executor's neglect to file probate documents, they can even sue. Even worse, an executor who withholds a person's will from probate court intending to benefit financially is committing a criminal offense, and may experience jail time.
A: The 10-day rule for probate in Florida is in reference to the will being filed in the court. The will of a deceased person must be filed with the probate court within 10 days of their death. The rule applies to both formal and summary administration proceedings. To avoid delays, the executor should file promptly.
Q: Who Becomes Executor if There Is No Will in Florida? A: If there is no will, the court appoints a personal representative based on Florida's priority system, typically beginning with the spouse. If the spouse does not wish to take on the burden, then adult children are prioritized, and then other family members.
A: An executor can sell a piece of property without all the beneficiaries approving if the sale of the property is in the interest of the estate and beneficiaries and complies with the decedent's wishes and state law. The executor must give notice to the beneficiaries of the sale, but they do not need approval.
If a valid will exists but was not filed with the state of Florida, the decedent's assets and property cannot be transferred to beneficiaries. In Florida and most other places around the country, certain administrative requirements exist for assets to be distributed after a person dies.
If the estate's personal representative, or executor, does not file a will to initiate the probate process, they can face legal recourse. If the court finds that the executor was aware of the death and knew their duties but purposely avoided them, they could be personally responsible for all court costs.
Filing for probate – 10-day deadline This specifies that the individual in possession of the deceased's last will and testament must file for probate within 10 days from the date of death of the deceased in the same county where the deceased died. The size of the estate to be probated does not affect these ten days.
If the decedent had no Will, probate might be necessary to pass ownership of the decedent's probate assets to those receiving them under Florida law. Some assets do not require a probate proceeding to transfer ownership. You should contact a probate attorney to provide specific guidance.
