This blog post answers the basic questions about Florida wills, probate and the forms needed to contest or consent to the terms of a Florida probate legislation.

Are death certificates required to file a probate petition?

In the Sunshine State, Florida will statutes stipulate a proof of death, which is generally verifiable in the form of a certified Florida Death Certificate. However, if the decedent was a real estate property owner, the death certificate has to be filed in two different courts: the probate court, as well as the county where the real estate property was owned.

My father never had a Florida will: However, I would like to file a petition to review the estate. Is there a legal motion that I can use?

You’ll need to file a Petition for Administration. The formality is a requirement, and necessary for filing the form with a probate court. The Petition for Administration includes a list of information to confirm that decedents name, name of the beneficiaries, previous address, and am approximate value of the estate.

I am 24 years old, and my grandmother’s last living heir; however, I’ve been told that I am ineligible to act as her personal representative due to a prior felony conviction. Is there any truth to this?

 While it’s true that individuals, who have a felony conviction are ineligible to act as a Florida personal representative, a lawyer, practicing Florida probate may be able to  find an exception or loophole to the statute.

My late father named his business partner as personal representative. Because  my father’s medical and operational expenses may or may not affect the estate. I authorize full consent to my father’s co-partner and would like to forgo any further legal hearings. Is there a legal method for waiving rights to the Florida personal representative?

Based on the details described in your question, it sounds very much like the terms of a ‘Waiver of priority, Consent to Appointment.” This is legal, as long as you agree that the appointment was a valid will of your late father.

While the aforementioned answers are rudimentary answers, the details should not replace the professional advice of an attorney, who specializes in handling Florida wills and probate.