What does an attorney have to do? Does it take the Florida courts a couple of weeks to appoint a personal representative? What are the specific steps a Florida probate lawyer have to do to get me ultimately assigned as personal representative of my mother's estate?
The following will answer your multi-part question:
What does an attorney have to do? They must file a Petition for Administration, oath of PR, the death certificate, the original will (if one exists), abond (as required by the Judge) and proposed Orders appointing the PR and Letters of Administration (empowering the PR to act).
Does it take the Florida courts a couple of weeks to appoint a personal representative? If not handled ex-parte (the attorney walking it through to the Judge for review and execution), it can take several weeks.
What are the specific steps a Florida probate lawyer have to do to get me ultimately assigned as personal representative of my mother's estate? Once the Judge signs the Order Appointing PR and issues the Letters of Administration you will be appointed to administer the probate estate.
This answer has been prepared for informational purposes only and does not constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.
Estate Planning Attorney
Here is a link to a consumer pamphlet from the Florida Bar that may help you: http://www.floridabar.org/tfb/tfbconsum.nsf/48e76203493b82ad852567090070c9b9/92f75229484644c985256b2f006c5a7a?opendocument.
I'm sure it varies from county to county, but once all opening probate documents have been filed, it takes anywhere from 10 days to a few weeks to be appointed PR. Of course, this is only if all beneficiaries sign written consents. If all beneficiaries do NOT sign written consents, then you will have to serve the non-consenting beneficiaries with formal notice of the proceeding and wait 20 days. Assuming the served beneficiary does not object, and if everything else is in order, the judge will sign the Letters of Administration (document appointing you as PR) after expiration of the 20 days. I hope this is helpful to you.
The information contained in this posting is provided to you â€œAS ISâ€ and does not constitute legal advice. I am not acting as your attorney. I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this posting and its associated sites. The law changes very rapidly and, accordingly, I do not guarantee that any information on this posting or linked web sites are accurate and up to date. Additionally, the law differs from jurisdiction to jurisdiction, and is subject to interpretation of courts located in each county. Legal advice must be tailored to the specific circumstances of each case and the tools and information provided to you may not be an appropriate fit in your case. Nothing that you read or is provided on this web site should be used as a substitute for the advice of competent legal counsel in your jurisdiction.
The steps of what has to be done have been outlined for you-
The normal time on a regular case is from 1 to 2 weeks.
In an emergency situation-it can be done in a day or two.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.