Florida Amends Law Regarding Probate Administration Notice

April 14, 2011

The central role in the probate administration process after a person's death is the personal representative, often referred to as an executor or administrator. The personal representative has a series of fiduciary responsibilities, from initiating probate to paying creditor claims and distributing assets as outlined in a will. But a personal representative's duties do not extend to people not named in the decedent's will.

Florida law allows for interested parties, including family members and creditors, to file "caveats" with the probate court to ensure that the estate administration process does not start without their knowledge. The Florida legislature recently amended section 731.110 of the Florida Probate Code to allow for filing of pre-death caveats by interested persons, while also revising the requirements for filing a caveat and setting expiration timelines for existing caveats.

Caveats of creditors may still only be filed after a person's death, and pre-death caveats filed by individuals will expire by law two years from the filing date. An interested person who resides out of state must designate an agent within the county where a caveat is filed. The court will only allow a person to file a caveat if there is a reasonable expectation that he or she will be affected by the outcome of the probate proceeding.

A Florida Estate Planning Attorney Can Explain All Aspects of the Probate Process

The probate court may not appoint a personal representative or admit a will until formal notice of the probate administration petition has been provided to parties who filed caveats. Probate disputes sometimes arise over who should be appointed personal representative, such as when the person designated to administer a will is unable or unwilling to do so and another person is appointed by the probate court. It is much easier to oppose an appointment than to try and have a personal representative later removed.

Regardless of a person's interest in the probate process -- as personal representative, creditor, or a son or daughter who is concerned about potential undue influence -- a consultation with a Florida probate lawyer can provide valuable insights about established law and the latest developments. For similar reasons as well as their close familiarity with the decedent's wishes, many people designate their estate planning attorney to execute their will and administer the probate process.

Article provided by Bryant Law Firm
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