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As the Florida appellate court pointed out, "[w]e cannot rewrite Florida probate law to accommodate a Michigan attorney more familiar with the Uniform Probate Code." [ 4 ] The Uniform Law Commission does not list Florida as one of the states that has adopted the Uniform Probate Code.
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the jurisdiction where the deceased resided at the time of their death.
After the testator has died, an application for probate may be made in a court with probate jurisdiction to determine the validity of the will or wills that the testator may have created, i.e., which will satisfy the legal requirements, and to appoint an executor. In most cases, during probate, at least one witness is called upon to testify or ...
Some duties of an executor include hiring an attorney, representing your will in probate, filing taxes on the estate, and distributing assets as you specify. ... more at 21, and a final sum at 24 ...
[10] For example, Florida law gives a list of the types of active procurement that will be considered in invalidating a will: presence of the beneficiary at the execution of the will; presence of the beneficiary on those occasions when the testator expressed a desire to make a will; recommendation by the beneficiary of an attorney to draw the ...
This will be a part of the probate process. At no point should you pay a creditor using your personal funds. Instead, the creditor should petition the estate for the remaining balance on the account.