Any part of the estate of a decedent not effectively disposed of by Will passes to the decedent’s heirs as prescribed in the sections of the Florida Probate Code. The decedent’s death is the event that vests the heirs’ right to the decedent’s intestate property.
Category: Last Will & Testament
A surviving person who unlawfully and intentionally kills or participates in procuring the death of the decedent is not entitled to any benefits under the Will or under the Florida Probate Code, and the estate of the decedent passes as if the killer had predeceased the decedent. Property appointed by the Will of the decedent [..]
“Probate a Will” means all steps necessary to establish the validity of a Last Will & Testament of the decedent and to admit a Will to probate.
A “Will” means an instrument, including a codicil, executed by a person in the manner prescribed by Florida law, which disposes of the person’s property, on or after his or her death. It also includes an instrument which merely appoints a personal representative or revokes or revises another will.
Upon receipt, the clerk shall retain and preserve the original will in its original form for at least 20 years. If the probate of a will is initiated, the original will may be maintained by the clerk with the other pleadings during the pendency of the proceedings, but the will must at all times be [..]
No agreement to make a will, to give a devise, not to revoke a will, not to revoke a devise, not to make a will, or not to make a devise shall be binding or enforceable unless the agreement is in writing and signed by the agreeing party in the presence of two attesting witnesses. [..]
The custodian of a Will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead. The custodian must supply the testator’s date of death or the last four digits of the testator’s social security number to [..]
It is a term of a Will relieving a Personal Representative of liability to a beneficiary for breach of fiduciary duty and is unenforceable to the extent that the term: (a) Relieves the Personal Representative of liability for breach of fiduciary duty committed in bad faith or with reckless indifference to the purposes of the Will [..]
Subject to other obligations of administration, a probated will is authority to administer and distribute the estate according to its terms.
Any sale or encumbrance to the Personal Representative or the Personal Representative’s spouse, agent, or attorney, or any corporation or trust in which the Personal Representative has a substantial beneficial interest, or any transaction that is affected by a conflict of interest on the part of the Personal Representative, is voidable by any interested person [..]