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1. What is Probate? Probate is the strategy by which the assets of a deceased particular person are gathered, creditors paid, and the remainder of the estate distributed to beneficiaries. In most Florida counties, the probate method is carried out in a specialized probate division of the Circuit Court, below the oversight of a single or a lot more probate judges. 2. How is Probate Initiated? Though any beneficiary or creditor can initiate probate, normally the individual named in the will as Private Representative, also identified as the executor in other states, begins the approach by filing the original will with the court and filing a Petition for Administration with the probate court. If there is no will, usually a close relative of the decedent who expects to inherit from the estate will file the Petition for Administration. three. Who is Eligible to Serve as Personal Representative? A bank or trust business operating in Florida, any individual who is resident in Florida, and a spouse or close relative who is not necessarily resident in Florida are all eligible to serve as the Private Representative. Nonrelatives who are not resident in Florida are not eligible to serve as Individual Representative. 4. How is the Individual Representative Selected? If the decedent had a will, the person named in the will as the Private Representative will serve, if eligible. If that person is unable or unwilling to serve as Personal Representative, the individual selected by a majority of the beneficiaries in interest of the estate shall pick the Individual Representative. If there is no will, Florida law offers that the surviving spouse may possibly serve, or, if there is no spouse or the spouse is unable or unwilling to serve, the person selected by a majority of the beneficiaries in interest shall serve. five. Is the Private Representative Essential to Retain an Attorney? In Florida, the Private Representative is needed in virtually all probate estate to retain a Florida probate attorney. Although the Florida probate types are available to the public, these are of no use to a non attorney. six. How is the Individual Representative Compensated? Florida law supplies a compensation schedule for the Individual Representative, based on a percentage of the assets of the probate estate. 7. My uncle found out about probate attorney olympia. The descendants share in equal portions the remainder of the estate. If there is a surviving spouse with lineal descendants, and not all lineal desdendants are also descendants of the surviving spouse, the surviving spouse is entitled to 1-half of the probate estate, and the descendants of the deceased share the other half of the estate in equal shares. If there is no surviving spouse and there are descendants, every kid is entitled to an equal share, with the kids of a deceased youngster sharing the share of their deceased parent. If there is no surviving spouse and no young children or other descendants, Florida law gives further guidelines for distributing an estate in such situations. 10. Who is responsible for paying estate taxes? Below the Internal Income Code, the estate tax is collected from the estate of the deceased. Depending on the terms of the will, the estate tax might be paid from the probate estate only, or also from a living trust, life insurance coverage proceeds, and other assets passing directly to beneficiaries outside the probate estate. The estate tax return, Form 706, is filed by the Individual Representative. The Type 706 is due to be filed 9 months soon after the date of death.Morgan Hill Law Office 2102C Carriage Drive Olympia WA 98502 (360) 357-5700

Florida Probate Court Details

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