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Even with formal administration, most estates are resolved within 18 months. However, all claims against an estate must be filed within 2 years of the person's death.
Executor Fees In Florida, executors are entitled to a percentage of the decedent's estate as compensation for their work. This starts at 3% of the first million dollars, 2.5% on the next four million dollars, and 2% on the next five million dollars.
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.
The Florida Statutes only require that an executor meet the following requirements: The personal representative should be at least 18 years of age. The personal representative should be mentally and physically capable of serving. The personal representative cannot have a disqualifying criminal record.
Once appointed by the probate court, the personal representative is issued "letters of administration" which will now enable him or her to act on the estate's behalf. The process of having someone appointed as the personal representative by the probate court typically takes 2-3 weeks in Pinellas County.
Formal administration in Florida Submit the will. First, you'll submit the will to the deceased's local court. ... File for probate. ... Receive authorization from the court. ... Contact beneficiaries. ... Inventory assets. ... Pay debts. ... Request approval to distribute assets. ... Close the estate.
R. 5.340. Moreover, a personal representative is required to provide an accounting of all transactions of the estate during its administration (unless the beneficiaries sign a written waiver of this requirement, see Fla. Prob.
An executor cannot use their position for personal gain or engage in self-dealing. Self-dealing includes using estate funds for personal expenses or selling assets to themselves at a discount. Executors must always act in the best interest of the estate and beneficiaries.