Home -> Law Blog Directory -> Taxation & Estate Planning Blogs -> WeProbateFlorida.com

Taxation & Estate Planning

: WeProbateFlorida.com

Florida Probate Forms - Where can I find them?

By Long H. Duong

You probably can’t find them.

Even if you can, you are taking a huge risk.

Why? In all but very small situtations, a personal representative (executor) must be represented by an ATTORNEY. (Not a Paralegal)

I haven’t researched it recently, but the probable reason is that the probate system is vulnerable to fraud by claimants, heirs, personal representatives and petitioners. I suppose the legislature decided the potential fraud outweighs the inconvenience of requiring attorney representation.

Even if you do find forms, it isn’t simply a matter of filling them out, checking boxes and signing paperwork. They have to be prepared in a certain manner, with proper clause inclusions and omissions contingent upon supporting documentation.

Is the Will self-proved? Was a domiciliary proceeding filed in any other state? A host of other questions can change the way those “forms” should be prepared and the kind of supporting documentation that must be submitted.

Yes, the clerk may accept them, but in 100% of the cases I’ve taken where the client tried to submit forms to the probate clerk, something went wrong.

Even worse, you may make it even harder for the attorney to fix your mess. Mistakes can be expensive: once you submit a Petition, it becomes a part of the record and having an attorney back you out of the mess can cost more than if you had started with representation.

There is one isolated proceeding, “Disposition of Personal Property without Administration” that doesn’t require an attorney, but because the asset thresholds are so strict, most clients will require Summary or Formal Probate Administration.

You certainly don’t have to retain us, but you should retain someone!

Forget the search for forms. If you want to discuss your case for FREE, fill out the form below.

1. First Name(required)
2. Last Name(required)
3. Day Phone(required)
4. When should we call? Select One 9am - 12pm EST 12pm - 3pm EST 3pm - 6pm EST (required)
5. Email(valid email)
6. Date of Death(required)
7. Is there a Will? Select One Yes No Not Sure (required)
8. Name of Decedent
9. Your Relationship? Select One Child Parent Attorney Other (required)
10. Property Type Select One Real Estate Personal Property Both Not Sure (required)
11. County
12. Total Value
13. MessagePlease detail your probate needs.
14. By checking this box, you agree to the terms of service and a FREE, no obligation call back!

 

cforms contact form by delicious:days

florida probate form, florida probate forms, formal administration forms, forms probate florida, personal representative, summary administration form

ShareThis

Full post as published by WeProbateFlorida.com on April 27, 2008 (boomark / email).