Is it required to supervise probate administration?

A circuit court judge supervises or presides over probate administration and also rules on the validity of the decedent’s will. Now if the decedent died without a will, the judge will consider evidence to confirm the identities of the decedent’s heirs as those who will receive the decedent’s probate estate.

The probate process can involve a clerk of the court, circuit court judge, personal representative or executor, an attorney, and/or the IRS.

The probate process can involve a clerk of the court, circuit court judge, personal representative or executor, an attorney, and/or the IRS.

If the designated personal representative meets the statutory qualifications, the judge will issue “Letters of Administration,” also referred to simply as “letters.” These “letters” are important evidence of the personal representative’s authority to administer the decedent’s probate estate.

The judge will hold a hearing as necessary to answer any questions or resolve disputes that arise during the course of administering the decedent’s probate estate. The judge’s decision will be set forth in a written direction called an “order.”

Some of the content of this information is courtesy of The Florida Bar and represents general legal advice. Because the law is continually changing, some provisions in this blog may be out of date. It is always best to consult an attorney about your legal rights and responsibilities in your particular case.

BaskinFleece. Phone: 727.572.4545
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What probate papers are required and where are they filed?

The decedent’s will, if any, and certain other documents required in order to begin the probate proceedings are filed with the clerk of the circuit court, usually for the county in which the decedent lived at the time of his or her death. The clerk maintains an ongoing record of all papers, filed with the clerk, for the administration of the decedent’s probate estate. Click here for a list of the required recordable documents.

Probate is a legal process through which the assets of a deceased person are properly distributed to the heirs or beneficiaries under a will, or if there is no will, according to Florida law. The Court oversees the estate to make sure debts are paid and proper distribution is made.

Probate,wills,estate,lawyer,attorney,guardianship,law,courtThere are 3 types of Probate Proceedings:

1. Formal Administration may be filed when there are assets exceeding $75,000, and/or when it is necessary to appoint a representative to act on behalf of the estate.

2. Summary Administration may be filed when the value of the entire estate subject to administration does not exceed $75,000. 
(Summary Administration does not require the appointment of a personal representative).

3. Disposition of Personal Property Without Administration may be filed to request release of the deceased’s solely owned assets to reimburse the person who paid the final expenses; funeral bills, medical bills for the last 60 days, etc. This procedure may be accomplished with the filing of an informal petition. Click here to find an example of a Disposition form.

You may wish to seek legal advice before deciding which type of proceeding is appropriate.

BaskinFleece, 727.572.4545 or email glenda@baskinfleece.com.

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