Can the excautor spend money when a will is still in probate. And how long does probate take in the state of Florida? thanky

Do you have a copy of the will? Are you named as a beneficiary in the will? If you are a beneficiary or an "interested person" (as you undoubtedly are) then you have a right to know what the executor (in Florida we call an executor a "personal representative") is doing with estate assets. Certainly you sister should not be spending estate assets on her home or other personal expenses. The probate process can take anywhere from the time it takes to complete and file a "Disposition Without Administration" which can be done at the clerk's office to a year or longer (i.e., a "formal administration"). The latter proceeding may take several months to a year or longer depending on the size of the estate, the claims of creditors etc.

You probably ought to consult an attorney to determine your rights.

I agree with Mr. Bates suggestion that you consult with an attorney. The probate process can be complicated.

A personal representative (called an executor in some states) has a responsibility to handle the estate in a way that is fair to the estate beneficiaries and creditors with valid claims. If you are entitled to a share of the probate estate, you should have recieved a notice telling you about the estate being opened. You would also receive an inventory listing the assets of the estate and their value. At the end of the estate, the beneficiaries receive an accounting showing how the estate money was handled. If thepersonal representative is using estate money for their own benefit, it would be like an employee using company money for their own benefit.

It is possible that she received money or assets that did not pass through probate, such as money from a life insurance policy.

By talking with an attorney, you can discuss the particular facts of your situation, see if there are reasonable explanations, and, if not, whether you might have the right to ask for more information or hold the executor accountable for any wrongful actions. Regular probate can take anywhere from 4 months to a year or longer, but if you have real concerns, you should see an attorney in your area.

I hope this helps.

The lenght of time to probate an estate in Florida will depend on the assets and location of heirs/beneficiaries. Check to see if an estate file has been opened in the county which your father passed. Ask to see the file. If you are a beneficiary under his will, you are entitled to know the accounting of the assets in the estate. If there was no will, you still inherit under the intestate laws of this state as an heir. If there is no spouse you are entitled to an equal share divided between the surviving siblings. If it is just you and your sister, then one half is yours the other is hers. If there were insurance policies naming a beneficiary - that beneficiary does not have to share - those funds belong soley to them. If there were checking and savings accounts - those too go to the beneficiary named - if none is named then it would go to the estate to be divided among the heirs. Contact an attorney and see what your rights are. If you wait, there may be no fassets left to divide.

I would assume that you are discussing spending money of the estate and not her money. If this is the case, there could be problems and you should take with a lawyer about this.