Probate is the proving of a deceased person’s Will, authenticating that the document was executed properly. It also means the time during which the executor, officially known as the Personal Representative, settles the deceased person’s estate. The probate process can be time consuming, and it’s even worse when an out-of-state Personal Representative has been selected. Proceedings in a Florida court with an out-of-state Personal Representative require a little extra attention.
There are two primary forms of probate administration in Florida: formal administration and summary administration. Informal administration, which does not require court supervision, is called “Disposition of Personal Property Without Administration.”
Duties include gathering a decedent’s assets, paying valid claims against the estate, and then disbursing remaining assets to the heirs according to the terms of the Will.
If there is no Will, an individual will file an application with the court asking to be appointed as personal representative (again, another word for executor) of the estate. That person has the same duties as he or she would where there is a Will, but there may be more court supervision.
First, any Florida resident may fill the role, barring other exclusions like being under the age of 18 or having been convicted of a felony. The Probate Code states that a non-resident is not qualified to serve unless:
So, the first hurdle is to prove that he or she is qualified to serve as Personal Representative under Florida law. Once a non-resident qualifies, the duties are the same – just long distance. Having a local advocate who understands Florida probate is a necessity.
If you are assuming the role, a local attorney can walk you through the probate process. John Mangan is an experienced Florida estate planning attorney who is Florida Bar board certified in Wills, Trusts & Estates. The Law Offices of John Mangan, P.A., assist many clients with Florida probate. Call 772-324-9050 for an appointment or use our convenient Contact Form.