Frequently Asked Questions about Probate in Florida
by
David W Veliz on Jun. 08, 2017
Estate Wills & Probate Estate Estate Planning
Summary: Below are answers to some frequently asked questions by people looking for help with the probate process.
What is probate in
Orlando?
Probate is a court procedure after the death of a person to
determine the person’s lawful heirs, appoint a personal representative to
administer estate, notify possible creditors, assure that lawful debts are
paid, and that property is distributed to proper persons.
Where is probate
filed?
Probate is filed in circuit court of the county and state
where the decedent was domiciled. If the decedent had no domicile in Florida,
then it can be filed in any county where the decedent owned property.
Do I need a lawyer
for Florida probate?
Yes, in almost all cases. Except for disposition without
administration (very small estates) and those estates in which the executor
(personal representative) is the sole beneficiary, Florida law requires the
assistance of an attorney. Even when an attorney is not required, formal
administration has many technical rules that can be very frustrating for the
non-lawyer.
What is exempt
property?
If a decedent was domiciled in Florida at time of death, the
surviving spouse (or if none, the decedent’s children) can have the following
property designated as exempt from creditor’s claims, excluding perfected
security interests: (1) $20,000 worth of household furniture, furnishings, and
appliances in the decedent’s usual abode; (2) Two motor vehicles held in the
decedent’s name and regularly used by the decedent and immediate family as
personal automobiles; (3) Qualified tuition programs under Sec. 529 of IRS
code; (4) Certain death benefits for teachers and school administrators under
Florida Statute 112.1915. There is a time limit in which to claim exempt
property.
What is an elective
share?