Petition Probate Estates Fort Myers
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How to fill out Petition For Representation Of A Probate Estate's Insolvency And Request?
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FAQ
ALTHOUGH YOU ARE NOT REQUIRED TO HAVE AN ATTORNEY FOR CERTAIN PROBATE PROCEEDINGS, ONLY AN ATTORNEY CAN GIVE LEGAL ADVICE. IF YOU CHOOSE TO PROCEED WITHOUT AN ATTORNEY, AT ANY TIME IN YOUR CASE YOU MAY OPT TO HIRE ONE.
Probate proceedings are filed with the clerk of the circuit court, usually in the county in which the decedent lived at the time of his or her death. A filing fee is required and should be paid to the clerk.
There are two main types of probate in Florida: a formal probate administration and a summary probate administration. There is also a disposition without administration that is available in very limited circumstances. The formal probate administration usually takes 6-9 months under most circumstances - start to finish.
For formal administration, Florida law typically requires you to hire a probate attorney. However, you generally don't need to hire a probate attorney if the estate is very small or if you plan to file for an alternative version of probate, like summary administration or disposition without administration.
If an asset does not have a named beneficiary or rights of survivorship, it will have to go through probate to change ownership pursuant to the Florida Probate Rules (2023). The most common assets that go through this process are bank accounts, real estate, vehicles, and personal property.