Estate Planning

Who presides in matters of Florida probate?

By David M. Goldman

When a decedent?s assets go into probate in Florida the Florida Probate Case will be in the county court where the decedent maintained his or her domicile.

Pursuant to Florida probate law a judge will normally decide and rule on the validity of a will. The judge will also rule on who the heirs are should there be a question or dispute as to the validity of a decedent?s heirs.

If the decedent appointed a personal representative to administer the Florida will, the judge will determine if the representative is qualified administer the estate. If there are no objections and the judge determines that the representative qualified, the judge will issue letters of administration. These letters of administration allow the executor or personal representative to administer the will. Any issues or conflicts that arise during the representative?s administration will be ruled on by the circuit court judge.

Full post as published by Florida Estate Planning Lawyer Blog on October 29, 2008 (boomark / email).