The Executor appointed in the decedent’s Last Will and Testament

The Personal Representative if the decedent died intestate (without a

Will)

A beneficiary or heir of the estate

A creditor of the estate

Summary administration – if the value of the estate subject to probate in Florida, less exempt

property, is not more than $75,000, and if the decedent’s debts are paid,

or the creditors do not object

Disposition without administration – if probate estate

assets consist solely of property classified as exempt from the claims of the decedent’s creditors and non-exempt personal property, the value of which does not exceed the total of

(1) the amount of preferred funeral expenses; and

(2) the amount of all reasonable and necessary medical and hospital

expenses incurred in the last 60 days of the decedent’s final illness, if any

Real and personal property

Tangible and intangible assets

Assets held in a trust

Certain types of joint property

Proceeds of a life insurance policy

Asset held in a “Payable on Death (POD)” or “Transfer on death (TOD)”

account

All creditors of the estate must be notified that probate is underway

Known creditors should be personally notified

Unknown creditors are notified via publication

Creditors have 90 days to file a claim against the estate

The PR must review all claims and pay approved claims out of estate

assets

If insufficient liquid assets exist to pay approved claims, estate assets

may need to be sold to raise the required funds

Lack of testamentary capacity

Undue influence

Fraud

Duress

The PR has a duty to defend the Will submitted to probate

The entire probate process essentially comes to a halt while the Will contest is litigated because the outcome determines what happens

next

If the Will is declared valid, probate resumes using the Will

If the Will is declared invalid, the court looks for another valid Will. If no valid Will exists the Florida laws of intestate succession are used to

probate the estate