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SpinDistribute.com Article Directory

The following article was published in our article directory on April 16, 2015.
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Following the Florida Probate Procedure

Article Category: Home Management

Author Name: Robert Weglewski

In every state in America, the process for settling probate properties and estates are different. Some have simpler rules in court while some have more red tape set out for the petitioners to cut through. The difficulty to settle these things would also differ depending on the probate judge in that state.

The Florida probate procedure can go in two ways because they have two types of probate administration in that state. These types of administration are: formal administration and summary administration.

Each type has a corresponding set of rules and it will be up to you to see which one fits the circumstances the assets are in. The biggest factor that separates these two types is the amount in value of the asset.

To begin the Florida probate procedure, you have to make sure that the property is a probate asset. Probate assets are basically those assets that have no automatic succession in case the owner passes away. It could also apply to assets that have two or more co-owners and have no pre-agreed arrangements when one of the owners dies.

Probate assets can include but are not limited to bank accounts, insurance policies, and real estate. Probate administration is an essential step to pass the ownership to the deceased's beneficiaries. For example, if a 78 year-old woman were to pass on without writing a will to distribute her hectares of land in Florida, then someone should stand as her representative to split it among her beneficiaries. This could be her children, siblings, or nephews and nieces.

The first step in the Florida probate procedure is filling a petition for administration or being the Personal Representative of the deceased. The representative could be the spouse or the child or a sibling. A personal representative will be the one in charge of settling a decedent's assets.

The petition should contain various details about the deceased, such as the nature of the petitioner's relationship with him, the date of death, and the last known address.

The petition for administration should also include information about the beneficiaries of the decedent. The names, addresses, and ages of the surviving spouse and any other family members.

An estimated value and nature of all the assets should also be included. Furthermore, the reason why the petition is filed in a court in Florida should be stated and why the petitioner should be qualified to be the representative.

In the Florida probate procedure, if the decedent did not have a will that states that the personal representative is free from the bond, he has a choice to file a petition to waive it. This means that the executor will not answer to any loss or damages while handling or administering the assets of the decedent.

The beneficiaries of the decedent must sign a consent to the appointment of the personal representative so the court can recognize and approve the petition. In accordance with the Florida probate procedure the judge must file an order to appoint the petitioner as the personal representative. This would allow the petitioner to finally settle the assets the decedent left at death.

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