Legal Question in Wills and Trusts in Florida

Re: Estate

The probate judge appoints the administrator (Personal Representative) of a decedent's estate. If there is a will, it should name the person to be appointed, and that is normally the person who would retain an attorney to prepare and file a Petition For Administration with the probate court. If there is no will, the Florida statutes give an order of priority to so act, starting with spouse, then children, etc. Florida law does require that the Petitioner have an attorney, unless he/she is the sole heir of the estate. If the estate is limited, there is a simpler (and less expensive) process called Summary Probate which may be available, in which there is no Personal Representative appointed. The probate judge merely issues an order distributing the decedent's assets to the beneficiaries..

Re: Estate

Florida requires an attorney to probate the estate, unless it is a small estate. You may contact me to discuss further.

Re: Estate

By your mother deciding to name you as the personal representative in her will.