Florida Probate Rules - Part III

Probate Lawyers in Lakeland Florida. We Provide experienced Probate Legal Services in Polk County, Central Florida and the entire State of Florida.

Call 863.250.2990 today to schedule a Free Consultation with our skilled Probate attorneys.

‹ All Posts

January 29, 2024

RULE 5.406. PROCEEDINGS TO DETERMINE EXEMPT PROPERTY: Rule 5.406 involves the identification and determination of exempt property, which is not subject to creditor claims. This rule protects certain assets for the benefit of the decedent's family or beneficiaries. It only applies to a spouse or the children of the decedent.

RULE 5.407. PROCEEDINGS TO DETERMINE FAMILY ALLOWANCE: Rule 5.407 governs the proceedings to determine a family allowance, which is financial support provided to the decedent's surviving family members during probate. This allowance helps support the family until the estate is settled. The maximum amount that can be distributed during administration is $18,000.00.

RULE 5.420. DISPOSITION OF PERSONAL PROPERTY WITHOUT ADMINISTRATION: Rule 5.420 allows for the disposition of personal property without formal administration in certain cases, typically when the value of the assets is low. This rule provides a simplified process for small estates, reducing the burden on the beneficiaries. This is strictly when the decedent did not have title to a car, a bank account in there name, or an ownership interest in real estate, or any other asset that is in the name of the decedent that would take a court order to transfer.

RULE 5.425. DISPOSITION WITHOUT ADMINISTRATION OF INTESTATE PERSONAL PROPERTY: IN SMALL ESTATES Rule 5.425 specifically addresses the disposition of intestate personal property in small estates. It offers a streamlined method for handling estates without a will when the assets fall below a certain threshold, simplifying the probate process. This is a rare case, or maybe not. This typically happens when there are asset lets than $1,000.00, however, in the event a person paid the funeral expenses, then as long as proof of funeral expenses are paid, the maximum being $6,000.00, then this process still qualifies.

RULE 5.430. RESIGNATION OF PERSONAL REPRESENTATIVE: Rule 5.430 covers the resignation of a personal representative. This rule outlines the process and requirements for a personal representative to step down from their role, ensuring a smooth transition in the administration of the estate. The personal representative acting in the capacity as the previous personal representative before stepping down, can be held liable after resignation if they did something that would be in violation of their fiduciary duty while acting as personal representative.

RULE 5.440. PROCEEDINGS FOR REMOVAL OF PERSONAL REPRESENTATIVE: Rule 5.440 governs the removal of a personal representative from their role. This rule is invoked in situations where the personal representative is failing to adequately perform their duties or is otherwise unfit to serve. This occur in cases either when a person misinformed the court about their ability to act as a personal representative or later was unqualified to serve as a personal representative. Candidates should be honest with the court about their qualifications and not under inform counsel.

RULE 5.460. SUBSEQUENT ADMINISTRATION: Rule 5.460 deals with subsequent administration, which may be necessary if new assets are discovered or if other factors necessitate further management of the estate. This rule ensures that all aspects of the estate are fully addressed.

RULE 5.470. ANCILLARY ADMINISTRATION: Rule 5.470 pertains to ancillary administration, which is necessary when the decedent owned property in Florida but was domiciled in another state or country. This rule allows for the proper handling of such out-of-state assets.

RULE 5.475. ANCILLARY ADMINISTRATION, SHORT FORM; Rule 5.475 provides for a short-form ancillary administration, streamlining the process for handling out-of-state assets in certain circumstances. This provision offers a more efficient approach to ancillary administration.

RULE 5.490. FORM AND MANNER OF PRESENTING CLAIM: Rule 5.490 outlines the required form and manner for presenting claims against the estate. This rule ensures that all claims are properly documented and submitted, facilitating their review and resolution.

RULE 5.496. FORM AND MANNER OF OBJECTING TO CLAIM: Rule 5.496 governs the process for objecting to claims made against the estate. This rule allows interested parties to contest claims they believe are invalid or excessive.

RULE 5.498. PERSONAL REPRESENTATIVE'S PROOF OF CLAIM: Rule 5.498 involves the personal representative's proof of claim, which is necessary when the estate has a claim against another party. This rule outlines the documentation and procedures required for such claims.

RULE 5.499. FORM AND MANNER OF OBJECTING TO PERSONAL REPRESENTATIVE'S PROOF OF CLAIM: Rule 5.499 addresses objections to claims filed by the personal representative. This rule allows for the scrutiny and challenge of claims made by the personal representative on behalf of the estate.

RULE 5.510. ESTABLISHMENT AND PROBATE OF LOST OR DESTROYED WILL: Rule 5.510 deals with the establishment and probate of a will that has been lost or destroyed. This rule provides a mechanism for proving the contents and validity of a will that is not physically available.

RULE 5.530. SUMMARY ADMINISTRATION: Rule 5.530 covers summary administration, a simplified probate process for smaller estates or situations where the decedent has been deceased for more than two years. This streamlined process reduces the time and expense associated with probating such estates.

If you have questions about Probate issues, don’t wait—make sure your legal rights are protected. Call 863.250.2990 today to schedule your Free Consultation with our Probate attorneys.