Florida Estate Planning Lawyer Blog

In Florida Probate is the legal process which occurs after death and is used to transfer assets and pay the debts of the person who is deceased. This process takes place in the Civil Court where the person lived at the time they passed away or in the county where the decedent owned property in Florida. Additionally, a probate proceeding is usually required in each state where the decedent owned property in their own name without a right of survivorship.

The basic steps to a Florida probate case are:

2. Filing a petition in the Probate Court


3. Heirs, beneficiaries, and creditors are identified.


4. Notice is delivered to all heirs and beneficiaries.


5. A public notice of petition is published in a local newspaper


6. For larger estates a Personal Representative appointed by the court and obtains letters of administration


7. An inventory of assets and debts is created.


8. Creditors claims are verified and disputed when necessary.


9. A proposed distribution of assets is presented to the Court.


10. The Court determines and approves the distribution of assets and actions of the Personal Representative.


11. The Probate is finalized through consent or by order of the Probate Judge.

A basic probate can be in the range of $1000-$1500 and larger estates typically are based on the assets in the estate. We will quote fixed fees for probates and even discount them in larger estates based on the statutory guidelines.

Timeshares can be problematic and one should consider owning the timeshare in a Trust or LLC, or holding ownership with another party as joint tenants with rights of survivorship in an effort to avoid an unnecessary probate

In Florida when a someone dies family members will need to compile a list of important information to deal with the estate. These documents will include what the deceased person owned, a list of their creditors and the amount of money owed at the time of death. To help get you started, here is a list of documents that need to be located:

1. Account statements


2. Life insurance policies


3. Beneficiary designations


4. Deeds for real estate


5. Automobile and boat titles


6. Stock and bond certificates


7. Business documents

As a Jacksonville Estate Planning Lawyer I get questions from Lawyers and clients all over the country on how to deal with a Florida Timeshare and if it is necessary to open a separate Florida Probate for the timeshare.

It is important to determine if there is any value in the Florida Timeshare property. To do this you may think about the following issues:

1. Generally timeshares are worthless and hard to sell.


2. Since a timeshare is an interest in real estate, a Florida Probate must be used to transfer the property no matter what is done in any other state or what a will states. The only exception to this is if the timeshare was owned in a trust.


3. Many management companies will suggest that if you deed the property back to them you will not be responsible for the fees, the only way to do this is by a Florida Probate unless it was owned by a trust.


4. Even if you are named as the beneficiary in a Will, you have no personal obligation to pay any fees, unless and until the property is deeded to you through a Florida Probate.


5. If you do a probate in another state, it is possible to give them notice and if no claim is filed, you can abandon the property and not be required to open a Florida Probate. (check with your local probate lawyer on this issue)

If you have need for a Florida Probate contact a Jacksonville Probate Lawyer to ask questions and we can help with probates of Florida property all over the state.

Yes, heirs have a right to see the will and to know everything about the assets and distributions. Yes, some personal effects can be distributed before the "will closes" or the probate is closed.

Florida probate laws include many protections for the beneficiaries of a probate estate. If you are a beneficiary under a Florida Will and there are assets that were required go through probate, you should have received some notifications.

You should require that the Custodian of the will deposit it with the court. If they refuse, they can be ordered to by the court and are subject to reimbursement of your legal fees.

If you have a relative that is unwilling to share the contents of a Florida Will you should contact a Florida Estate Planning Lawyer or Florida Probate Lawyer to discuss your options.

Note, in Florida you do not have any right to see a will while they are still alive.

Fort Lauderdale
Fort Lauderdale Probate court is located in Broward County. Fort Lauderdale does not have any unusual probate fees.

The Broward County Courthouse is located at:
     201 S.E 6th Street
     Fort Lauderdale, FL 33301
     Tel: (954) 831-7154.

The Sun Sentinel is the official newspaper used for publications and notice to creditors.
    Telephone: 1-800-250-2000
    Website: http://www.sun-sentinel.com /
    Probate Publication Cost: $2.25 per line per day

The Daily Business Record can be used for publications and notice to creditors.
    Telephone: 305-377-3721
    Website: http://www.dailybusinessreview.com/
    Probate Publication Cost: $172

If you need help filing a Fort Lauderdale Probate or are a creditor or beneficiary of a Fort Lauderdale probate and are looking for legal representation in the Probate case, email a Florida Probate Lawyer or call 904-685-1200.

You may also request the Free Florida Probate Handbook for more information.