How to Probate and Settle an Estate in Florida

by Nickel, Gudrun M.

• ISBN13: 9781572481442
• ISBN10: 1572481447
• Format: Paperback
• Copyright: 2001-08-01
• Publisher: Sphinx Pub

Summary

This practical guide to the probate process in Florida incorporates the most recent changes in the state's probate and estate administration laws and is divided into three main sections -- Family Administration, Formal Administration and Summary Administration. The emphasis is on Family Administration, a simplified settlement procedure for estates of less than $60,000. New, easy-to-use, blank tear-out forms for all areas of administration are included in this edition.

Table of Contents

Using Self-Help Law Books	v
Introduction	ix
An Overview of Probate	1	(12)
What Is Probate?
When Is Probate Necessary?
Different Probate Procedures
Types of Ownership of Property
What Property Is Subject to Probate?
Who Is Entitled to Represent the Estate?
Estate and Inheritance Taxes
Nonresident Decedent
Filing Fees
Execution of Documents
How Long Does Probate Take?
What Type of Probate Is Simple?
Do You Need an Attorney?
How to Find an Attorney
Other Things to Do
Formal Administration	13	(26)
The Probate Process
Petition for Administration
Notice of Petition for Administration
Oath of Personal Reprsentative
Designation of Resident Agent
Oath of Witness
Commission
Lost or Misplaced Will
Death Certificate
Filing Fees
Bond
Order Admitting Will to Probate and Appointing Personal Representative
Letters of Administration
Notice of Administration and Statement Regarding Creditors
When Debts Exceed Assets
Administering the Estate
IRS Form SS-4
Inventory
Inventory and Exempt Property
Homestead
Spouse's Share
Preliminary Notice and Report
Adversary Proceedings
Order of Payment
Unclaimed Property
Final Accounting and Petition for Discharge
Receipt of Beneficiaries
Order of Discharge
Tax Returns
Family Administration	39	(6)
Last Will and Testament of Heirs
The Petition
Oath of Witness
Commission
Nonresident Decedent
Opposition to Family Administration
Debts of the Estate
Tax Releases
Order of Family Administration
Summary Administration	45	(6)
Oath of Witness
Commission
The Petition
Death Certificate
Filing Fees
Order of Summary Administration
Preliminary Notice and Report
Notice to Creditors
Converting from Formal Administration to Summary Administration
Disposition of Personal Property Without Administration	51	(2)
Income Tax Refunds
Glossary	53	(4)
Appendix A: Florida Statutes	57	(52)
Appendix B: Florida Probate Checklists	109	(6)
Appendix C: Blank Forms	115	(70)
Index	185