Under Florida probate law, the executor is the person or entity who manages your property after you die, under the direction of the probate court. The executor responsible for paying the probate estate’s bills, collecting its debts, and distributing its property as directed by the probate court. If you leave a valid will, the probate court will normally appoint the party you named in your will; however, Florida probate law contains restrictions on who can serve as an executor. Basic Qualifications Any executor you nominate in your will must: You can name a bank, trust company or savings and loan, as long as it is qualified to act as a fiduciary in the state of Florida (not many people do this, however).You can also name more than one executor, although it is wise, for obvious reasons, to name an odd rather than an even number of executors. Assuming that you will is not declared invalid, the probate court must appoint your executor according to the following order of preference: If your will is declared invalid, the probate court must select your estate executor in accordance with the following order of preference: Once you decide to name a particular person or entity as your executor, it is important that you notify them in advance. If you don’t, they may exercise their right to decline their nomination, leaving the court with the options listed above. It is also a good idea to name a successor executive in case your first choice becomes unable to serve for some reason. Jose Lorenzo is an estate planning attorney who knows his way around the Florida court system. If you anticipate the need for probate litigation anywhere in Florida, contact us immediately. We maintain offices in Coral Gables and Ft. Lauderdale, and we handle cases throughout Florida. Call us at (305) 999-5411,complete our online intake form, email us at jml@joselorenzolaw.com or visit one of our offices.SELECTING EXECUTORS UNDER FLORIDA PROBATE LAW
The Probate Court’s Order of Preference
Order of Preference if Your Will is Declared Invalid
Advance Notification
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Lorenzo Law
Miami-Dade Office: 2850 Douglas Rd. Suite 303, Coral Gables, FL 33134
Broward: 12 SE 7th Street, Suite 701. Fort Lauderdale, Florida 33301
Phone: (305) 224-6811 | Email: jml@joselorenzolaw.com
We provide legal services throughout Florida including those in the following localities: Miami-Dade County including Aventura, Miami, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Key Biscayne, Miami Beach, Miami Lakes, North Miami, Tamiami, Westchester, and North Miami Beach; Broward County including Fort Lauderdale, Hollywood, Cooper City, Coral Springs, Hallandale Beach, Oakland Park, Pembroke Pines, Plantation, and Weston; and Palm Beach County including West Palm Beach.
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