Charles L. Hoffman, Jr., Esq. • 850-434-2411 • Toll Free 800-450-6479 • Email Me

Probate Attorney Header Image

FREQUENTLY ASKED QUESTIONS & LEGAL TERMS DEFINED

All references to sections of the Florida Probate Code and the Florida Probate Rules are to the 2009 statutes and rules, and all statutes and rules are subject to amendment from time to time.

What are the filing fees for the various estate administration proceedings?

Florida has a base fee as set forth on our Probate Fees and Costs page. Fees can vary from county to county so please confirm all above listed amounts on the Clerk of Court Fee Schedule for your county. A list of the Clerk of Courts can be found at http://dlis.dos.state.fl.us/fgils/coclerks.html.

Can I handle a probate administration without having to go to court?

In uncontested matters, you can generally handle a probate proceeding without having to go to court. There are exceptions, however, and there are times when you may be required to go to court depending on the court and the nature of the dispute or issue.

What does it mean if the Will says assets are distributed per stirpes?

If a named individual is deceased, his or her lineal descendants receive his or her share.

Where can I find the statues and rules governing probate in Florida?

Florida Statutes - TITLE XLII: ESTATES AND TRUSTS: Ch.731-738
Florida Probate Rules

All references to sections of the Florida Probate Code and the Florida Probate Rules are to the 2009 statutes and rules, and all statutes and rules are subject to amendment from time to time.

Where do I find more information for probate administration in Florida?

For answers to the questions below see The Florida Bar Consumer Pamphlet – Probate in Florida

  1. What is Probate?
  2. What are Probate Assets?
  3. Why is Probate Necessary?
  4. What is a Will?
  5. What happens if there is no Will?
  6. Who is involved in the Probate Process?
  7. Where are Probate Papers Filed?
  8. Who Supervises Probate Administration?
  9. What is a Personal Representative, and what does the Personal Representative do?
  10. Who can be a Personal Representative?
  11. Who will the Court Appoint to Serve as Personal Representative?
  12. Why does the Personal Representative need an Attorney?
  13. What are the Estate’s obligations to Estate Creditors?
  14. How is the Internal Revenue Service (IRS) involved?
  15. What are the rights of the Decedent’s Surviving Family?
  16. What rights do other Potential Beneficiaries have in the Decedent’s Probate Estate?
  17. How long does Probate take?
  18. How are the Personal Representative’s Compensation and Professional Fees Determined?
  19. What alternatives to Formal Administration are available?
  20. What if there is a Revocable Trust?

What definitions are used in the Florida Probate Code?

The following General Definitions are found in Section 731.201, Florida Statutes

All references to sections of the Florida Probate Code and the Florida Probate Rules are to the 2009 statutes and rules, and all statutes and rules are subject to amendment from time to time.

Charles L. Hoffman, Jr., Esq. | Shell, Fleming, Davis & Menge, P.A.
Street Addres: 226 Palafox Place | Ninth Floor, Seville Tower | Pensacola, FL 32502
Mailing Address: Post Office Box 1831 | Pensacola, FL 32591-1831
Toll Free: (800) 450-6479 | Phone: (850) 434-2411 ext. 103 | Fax: (850) 435-1074
Disclaimer
Copyright © Shell, Fleming, Davis & Menge, P.A.
Questions? Email Us or call (800-450-6479)

The hiring of an attorney is an important decision and should not be based solely upon advertisements.
Before you decide, ask us to send you free written information about our qualifications and experience.