Florida Objection to Family Allowance in a Decedent's Estate

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Multi-State
Control #:
US-02670BG
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Description

A family allowance is a portion of a decedents estate that is set aside for certain family members regardless of what the will says.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Formal administration is required for any estate with non-exempt assets valued at over $75,000 when a decedent died less than two years ago. Formal administration is also required any time that a personal representative is needed to settle the affairs of the decedent.

Stat, section 733.710- Limitations on claims against estates, the estate is not liable for any claim filed 2 years after the decedent passed away. Creditors must file claims in writing. The claims must state the name and address of the claimant and his or her attorney, if any.

Florida law provides that a surviving spouse and/or the surviving children are entitled to a reasonable family allowance for maintenance during the pendency of the estate administration. The maximum allowable amount is $18,000.

(1) The venue for probate of wills and granting letters shall be: (a) In the county in this state where the decedent was domiciled. (b) If the decedent had no domicile in this state, then in any county where the decedent's property is located.

Under FL. Stat, section 733.109- Revocation of probate, an interested party can initiate a proceeding to revoke probate by filing a petition with the court having jurisdiction over the administration.

Under Florida Statutes, section 733.604- Inventories and accountings; public records exemptions, such an inventory must remain confidential. However, it can be disclosed to the personal representative, to the personal representative's attorney, or to an interested person.

Under FL. Stat, section 733.705- Payment of and objection to claims, the personal representative must pay all claims within 1 year from the date of first publication of notice to creditors. More time is allowed for claims that end up in litigation, claims that have not matured, and contingent claims.

Florida Statutes | Chapter 733 - PROBATE CODE: ADMINISTRATION OF ESTATES | Casetext. Florida Statutes. Title XLII - ESTATES AND TRUSTS.

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Florida Objection to Family Allowance in a Decedent's Estate