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SpinDistribute.com Article Directory

The following article was published in our article directory on April 22, 2015.
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Understanding Florida Probate Rules

Article Category: Home Management

Author Name: Robert Weglewski

If you find yourself in a bind and a loved one dies, you should know all the possible steps or routes you can take when it comes to his assets. When someone dies without settling his assets and fails to legally pass on the property to his beneficiaries, his properties will be considered as probate assets.

There are any different routes to take when settling someone's probate assets. Familiarize yourself with the Florida probate rules. This way, you will know what possible steps you can take to begin the process of distributing the assets. There are online resources with in-depth discussions about the rules on probate procedures among other things.

Legal Terms and Concepts

In these sites, the terms used in Florida probate rules are defined to help you understand their content better. Words such as petition and motions could be confusing to common folk without legal background or experience.

Other concepts relevant to probate proceedings are also discussed. For instance, you can find more information about adversary proceedings or proceedings for revoking the personal representative from his appointment. Through adversary proceedings, you can also prove the authenticity of a will discovered after the assets were already settled by the probate court.

Hiring a Legal Professional

There are specified qualifications for the attorneys to be hired to represent you in probate court. According to the Florida probate rues, the lawyer you will hire should be admitted to practice in Florida. There are also rules on how frequent he must appear during the whole trial. This would be different for every case and would depend on what the probate court judge decides.

Unless otherwise stated by law, the trial for every petition or motion filed for the matters of probate assets and its ownership will serve under the Florida Rule of Judicial Administration 2.516.

The Personal Representative

Following the Florida probate rules, if there is no appointed personal representative for the probate assets, one may file a petition for appointment. You can file this petition if you have the qualifications to stand as the deceased's personal representative.

The petition must contain information such as your name, address, and nature of relationship with deceased. You must indicate other specific details about the decedent. In this petition, you will also have to indicate the estimated value of the probate assets.

The Florida probate rules also state that you shall establish that the person of interest is really deceased. You need to provide original copies of his or her death certificate where information about the nature, place, and time of death is included.

The procedures for the settlement of probate assets are time-consuming. There will be multiple court hearings to determine if you, as the petitioner for administration, are fit to be the personal representative of the deceased.

If you are appointed, however, some judges require that you enter into a bond that means you are liable for any loss or damage the assets may incur during the trial. This bond would also ensure that you will fulfil your duties as the legal representative of the decedent.

There are other different factors and elements involved in Florida probate rules. It is a very detailed document and reading through it will help you understand what you should do to settle the assets of your deceased loved one in a legal and timely manner.

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