How to probate and settle an estate in Florida?

Settling an Estate in Florida

First, someone must file the will and a petition to open probate in the circuit court in the county where the person lived prior to their death.
The court will approve or appoint an executor for the estate and provide Letters of Administration.

Can a Florida resident serve as an out of State executor?

Difficulties with an Out-of-State Executor. First, any Florida resident may serve as personal representative of an estate, barring other exclusions like being under the age of 18 or having been convicted of a felony. The Probate Code states that a non-resident is not qualified to serve as personal representative of an estate unless that person is:

What does it mean when your executor is out of State?

It also means the time during which the executor or personal representative settles the deceased person’s estate. The whole probate process can be time consuming, and it’s even worse when the executor doesn’t live nearby. Proceedings in a Florida court with an out-of-state executor require a little extra attention.

What does it mean when an executor is a personal representative?

Probate technically means the proving of a deceased person’s Will. It also means the time during which the executor or personal representative settles the deceased person’s estate. The whole probate process can be time consuming, and it’s even worse when the executor doesn’t live nearby.

What are the duties of an executor in a will?

An executor’s duties include gathering a decedent’s assets, paying valid claims against the estate, and then disbursing remaining assets to the heirs according to the terms of the Will.

Who is the executor of an estate in Florida?

Normally an executor is named in a will, but when someone dies without a will, the court must appoint an executor to administer the estate. In Florida, an executor is called a “personal representative.” Florida law dictates who has priority to become the personal representative of an estate.

Who is the executor of my mother’s estate?

Ask a lawyer – it’s free! Currently, as long as the property was your mother’s, her estate owns the property, not you. As executor, you are the one with the authority to make all of the decisions with regard to the property, but you do owe a fiduciary duty to the heirs (presumably, to you and to your sister)to maximize its value.

What can an executor do to a beneficiary?

As an executor, you have a fiduciary duty to the beneficiaries of the estate. That means you must manage the estate as if it were your own, taking care with the assets. So an executor can’t do anything that intentionally harms the interests of the beneficiaries.