Probate

Question 1

Court

Answer 1

circuit courts have exclusive jurisdiction

Question 2

PR order of priority - testate

Answer 2

1. person nominated in will
2. person selected by majority in interest of the persons entitled to the estate
3. a devise under the will

Question 3

PR order of priority - intestate

Answer 3

1. surviving spouse
2. person selected by a majority in interest of the heirs
3. the heir nearest in degree of kinship to the decedent

Question 4

Qualifications to be a PR

Answer 4

• FL resident
• 18 years old or older
• mental capacity
• never been convicted of a felony

Question 5

PR Compensation

Answer 5

PR’s entitled to reasonable compensation
- provision in will limiting compensation is not valid/binding, unless it was made pursuant to a K between the decedent & PR

Question 6

Creditor Claims

Answer 6

• must file claim against estate
• ntc must be published once a week for 2 consecutive weeks in the county of administration
• if know of “known & reasonably ascertainable creditors” (ppl PR knows of), they must be served with a notice of administration (NTA)
• creditor period runs for 3 months (90 days) of NTC or 30 days after service of the NTA

Question 7

Paying Creditors list of priority

Answer 7

1. costs like attys fees
2. funeral expenses
3. debts & taxes
4. medical & hospital expenses of last 60 days of decedent’s last illness
5. family allowance
6. child support
7. debts acquired after death by the continuation of decedent’s business
8. all other

Question 8

Abatement

Answer 8

After all creditors have been paid
1. gets paid from intestate property / residual
2. residuary
3. general
4. specific & demonstrative