PROBATE RULES

Florida guidelines and procedures regarding probate courts are easily available to all who may require them for procedures regarding matters that pertain to inheritance, special cases, pleadings, appeals and orders. Check lists are available in summarized versions for those who have petitions within the state.

The Florida uniform Probate Code provides clear and specific information on procedures that are necessary and helpful to residents of the state of Florida.

PROBATE PROCEEDINGS

Probate RulesThe filing of caveats of creditors must be done with the court in Florida. According to published rules and regulations on proceedings, caveats may only be filed after death of the owner of the estate. The contents of the caveat must have all essential details pertaining to the individual who owned the property in question. This must be done whether the presenter of the caveat is a resident of the state of Florida or not. The filing of necessary documents should be done by legal representatives.

Inheritance Rights clearly explain the obligations that interested parties are responsible for. These rights as well as documents with details of beneficiaries and the determination of the benefits are presented to guardians. The Florida Estate Creditors’ Rights.

Executor Duties and Liabilities are to be followed keenly by all parties involved and in accordance with the Florida rules and regulations. Certified copies must be presented before the courts.

NOTICE

Notices are filed after the federal estate tax payment is determined to be required. Personal representatives file notices which indicate due date of the return and will file this notice within a period of one year after letters have been distributed to interested parties or individuals. The Florida Probate Rule handbook also allows for the filing of Formal notices and Informal notices which must illustrate the description of the estate in question, verifiable and current addresses and a statement form a personal representative that states that he/she is responsible for the preservation, maintenance, insurance and protection of the property. It must also indicate the willingness of the representative to pay any incurred fees or costs. Request for notices should be delivered in good time.

NOTICE OF ADMINISTRATION

When probate litigation is filed, a formal document is sent to the involved parties informing them of the decedent's death and filing for probate of the last will and testament. This formal document is called notice of administration. The notice of administration also informs the concerned people that the objection of the will's validity must be filed within a specific time period or any objection shall be barred forever.

If one receives a notice of administration, he may have various legal bases or grounds to stop the estate administration or to challenge the will's validity. If he does not file a will contest within the specified time frame, then he shall get his fair share. Therefore, once a person receives the notice of administration and the time period given passes, any guarantee to settle disagreements or estate disputes shall be unenforceable and worthless.

PLEADING, VERIFICATION AND MOTIONS

According to Florida regulations, technically formatted pleadings are null and void. It is mandatory for petitions to be succinct and presented plainly. The same can be said for motions, which must always be written if not orally presented during a trial. Document verification includes the determination of oaths and affirmations. Advice on Adversary proceedings shall be offered by attorneys to representatives or agents if necessary.

RIGHT OF APPEAL

General and special magistrates are present for probate proceedings. The right of appeal can be exercise after final orders and the revising of non-final orders is done thereafter as per Florida law.

CURATORS

The process of petitioning a curator’s appointment must illustrate names, contact details, the value of the assets, documents that specify venues as well as reasons for the curator’s appointment. Formal notice must be presented to any individual who is entitled to documents such as letters. The court has the ability to order the curator to perform given functions.

ORDER REQUIRING ACCOUNTING

In the event that a guardian does not file accounting as per the law in Florida, the court grants 15 days for the representative to do so. Orders requiring production of assets has specific time requirements set by the court. The same goes for Orders requiring evidence and Orders requiring notice to creditors. Copies of these orders are presented by the court to guardians, attorneys or personal representatives.

ORDER REQUIRING INVENTORY

A curator must file inventory within a thirty day period as instructed by the court after a letter of curator - ship is granted.