Frequently Asked Questions

Once someone passes away, probate is the process used to administer the persons estate. This occurs with a will (testate) or without a will (intestate)

This can vary in nature due to the size of the estate, numbers of beneficiaries, and whether the estate is subject to litigation. A typical rule of thumb is to expect that an estate will be closed within a year as provided by the probate code.

Assets left in decedent’s individual name, or those which he or she has an interest in. Probate assets do not include assets where the decedent has a payable on death beneficiary listed on the account, or assets titled in the name of the decedent’s trust.

A qualified individual nominated and appointed to serve as the fiduciary and administrator of decedent’s estate. A personal representative must be over the age of 18, and not a convicted felon to serve. In addition, a non-blood relative that does not reside in Florida could be ineligible to serve.

Yes. In fact, they could be required to depending on the nature and size of defendant’s estate. Also, the estate pays the expense of an attorney, not the personal representative.

After a property owner dies can their power of attorney be used?
This is a big NO. A power of attorney is void upon death. If you deliberately use a power of attorney after death, you can be held responsible.

A ward is a person who the court determined does not have full capacity to handle their own financial and/or medical/personal needs.

If the loan approval period has not run, and you made best efforts to obtain a loan approval but cannot get one, then yes. If the standard As Is Contract is used, you should be able to get your deposit back. If you try to cancel after the approval period, it will be more challenging and you should have a lawyer review your contract.