If a Florida resident dies without a will, or if the will cannot be found, and owns any assets that are titled in the name of the deceased, then the estate is subject to probate as an intestate estate. Probate is initiated by an interested person, either a family member or other non-family member person. The interested person must hire a probate lawyer in Florida to represent them in the probate court.
The probate lawyer files a Petition for Administration of the Intestate Estate. Letters of Administration are issued by the probate court to the person who is appointed personal representative. The personal representative, through the letters of administration, has the legal authority to collect the assets of the deceased person. The personal representative must file an inventory with the probate court listing all of the assets that are titled to the name of the decedent. Creditors of the estate must be paid. After paymnet of the creditors the remaining part of the estate is distributed to the heirs who are described in the intestacy statute.
You can obtain more detailed information from a Florida probate attorney who can help you initiate and complete the probate process.
Answered on Oct 02nd, 2014 at 1:16 PM