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In the state of Florida if you do not have a will and you die, your estate will enter probate. The procedures for this action are a petition, notice, appointment of an executor, oath, and court reports.

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Q: What are the probate procedures in Florida?
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Is it possible to file probate without a lawyer in the state of Florida?

No Florida does not require you to use a lawyer to probate an estate, but probate can be complicated


Probate law in Florida?

You can access the Florida Probate Code under Estates and Trusts at the interactive website in the link below.


Does Florida require a will to go to probate?

In Florida a will must go through probate. That makes sure all of the legal requirements are met and taxes paid.


What are probate procedures for Arkansas?

Probate is a legal term for the court procedure of finalizing the affairs of a person who has died and left a will. Usually the executor named in the will begins the probate process by filing the original will with the court.


What has the author Sarajane Love written?

Sarajane Love has written: 'Louisiana probate and succession procedures' -- subject(s): Inheritance and succession, Probate law and practice


In what state must probate be filed?

State laws vary so you need to check the laws of the state where the decedent owned property. Generally, some type of probate filing is required wherever the decedent owned property that must pass according to the will or according to the state laws of intestacy.For example, suppose a decedent moved from Massachusetts to Florida and after moving to Florida executed a will that met the requirements of a valid will in Florida. The following is general information only.If the testator owned property in Florida, the will must be probated in Florida.If the decedent also owned property in Massachusetts, exemplified copies of the Florida probate must be filed in Massachusetts in order for title to pass to the beneficiaries. If the executor wants to sell the Massachusetts real property that power must be granted in the will or a license to sell must be obtained from the probate court.If there is no property in Florida, the valid Florida will can be filed for probate in Massachusetts with a petition for allowance of a foreign will and appointment of the executor. As long as the will meets the requirements for a valid will in the state where it was executed Massachusetts will allow it even if it doesn't meet the requirements for a valid will in Massachusetts.The same procedures would apply if the decedent died intestate. Exemplified copies of a valid administration must be filed in the state where the decedent owned property in order for title to pass to the heirs. If the property must be sold the administrator must obtain a license to sell from the Massachusetts court of jurisdiction. If no probate was filed in Florida then an original administration would need to be filed in Massachusetts.As with all probate matters you should consult with an attorney who specializes in probate who can review your situation and determine what you need to do.


How do you pay off a loan to a deceased lender?

The debt is paid to the estate through probate court procedures.


Whet are the procedures for grant of probate?

In other word the Probate Process of a deceased. Upon death the legal documentation and will is read, examined to determine valid or invalid. Then all belongs are appropriately distribution.


In Texas does an heir need an attorney to file a request with the probate court for a review of the executrix's accounting of the estate?

No, but the action is not necessary as auditing the estate is one of the procedures done within the probate court.


Does the estate need to be opened in the state where the person died?

Not where the person physically died, but in the state in which the decedent was domiciled at his/her death. Example: Decedent was domiciled in New Jersey but died at his summer residence in Florida. The original probate should be in New Jersey. If that residence has to be sold by a duly appointed executor in Florida, ancillary probate is issued. This entails getting a certified or authenticated copy of the will that was probated in New Jersey and offering it for probate in Florida with a request that the New Jersey executor be appointed executor in Florida in order to selll the Florida property.


If a person dies domicile in UK but owns a property in Florida and probate is granted in UK does further probate have to be granted in Florida or do UK USA reciprocal arrangements apply?

Generally, the UK fiduciary would need to open an ancillary administration in Florida to have the power to deal with the land situated there or to have title pass to the beneficiaries. The state would accept the appointment made in the UK with the filing of exemplified copies. You should contact an attorney in Florida who specializes in probate who can explain your options.


What would you file to get someone removed as a testamentary trustee?

You would file a petition to the probate court. Each state has its own set of forms and procedures. In this case your really need to talk to an attorney that specializes in probate.