Florida Estate Planning Lawyer Blog

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.

Creditors only have 90 days to file claims in a Florida Probate once notice has been published. For this reason it may be beneficial to publish notice as soon as possible. Unfortunately, you can only publish notice once a Personal Representative has been appointed. If there is a dispute about who will be the PR in a Florida Probate case the ability to publish notice to the creditors will not happen until the Florida Court appoints a Personal Representative.

Creditors claims are barred 90 days after publication or 2 years after the death of the decedent. If you have a question about a Florida Probate case or want to speak with a Jacksonville Probate Lawyer contact us by phone or email.

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.

Tampa Probate court is located in Hillsborough County. Tampa does not have any unusual probate fees.

The Hillsborough County Courthouse is located at:
     490 1s t Avenue South
     St. Petersburg, FL 3370
     Tel: (813) 276-1800 Ext. 4771

The St. Petersburg Times is the official newspaper used for publications and notice to creditors.
    Telephone: (727) 893-8358
    Website: http://www.tampabay.com/
    Probate Publication Cost: No Set Fee

If you need help filing a Tampa Probate or are a creditor or beneficiary of a Tampa 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.

Information last updated 9-9-09