A personal representative, also known as an executor, is a person named in a will or appointed by the court to handle the administration of an estate. While many states use the term ‘executor,’ Florida refers to this person as a personal representative. Personal representatives have many duties under Florida law. Below, our St.... Read More ..read more

Probate is the formal legal process for administering the assets of a deceased individual. In Florida, there are several different methods for accomplishing probate. The first is formal administration, which is where the court appoints a personal representative to open an estate. The formal administration process typically lasts several months and is what most people commonly think of when they think of probate. The second method is summary administration. This is a less formal probate proceeding that is generally employed when the estate has less than $75,000 in assets or the decedent passed ..read more

Probate estate administration is the process of distributing a decedent’s estate after their death. Administration of the probate estate is a complicated process, which is why Florida law usually requires the personal representative to hire a lawyer to help them follow all the rules and procedural requirements. There are a number of steps to take when administering an estate and distributing the decedent’s property to their beneficiaries. Let’s review four essential steps for the administration of a probate estate in Florida. If you need assistance with administering a probate estate in Florid ..read more

In 1789, Benjamin Franklin told a colleague that the newly adopted United States Constitution “has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes.” Indeed, death and taxes are inextricably linked together in our legal system, so much so that even after a person dies their estate may still need to file multiple tax returns. Separate Federal Income Tax Returns for Decedent, Estate When a Florida probate estate is opened, the court will appoint a personal representative (or administrator) for the estate. The personal representat ..read more

After the personal representative of an estate has fully administered the estate, they will file a petition for discharge, which ends the probate administration process. However, prior to the end of the administration process, the beneficiaries of the estate may be asked to sign a Waiver of Accounting. If you have been asked to sign the waiver, you may wonder, “What does a Waiver of Accounting mean?” and “Should I sign the waiver to end the estate administration process?” Consult with our St. Petersburg probate administration attorneys at Legacy Protection Lawyers, LLP, to discuss your particu ..read more

Ancillary probate is required when a decedent had real estate, including a house, in a state outside of Florida. Ancillary probate is also necessary when the decedent lived and died in another state but owned real property in the State of Florida. The biggest difference between ancillary and domiciliary probate is that the latter occurs in the state where the deceased person lived. Ancillary probate, on the other hand, takes place in any state where the decedent owned real estate. Similar to domiciliary probate, the purpose of ancillary probate is to distribute the decedent’s real property to ..read more