How do I become a legal representative to my daughter’s estate?

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How do I become a legal representative to my daughter’s estate?

Asked on September 7, 2012 under Estate Planning, Florida

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

The simple answer to this question, is you hire a lawyer and the lawyer applies to open an estate in the Probate Court of the County where your daughter passed away. A lawyer is almost always required by the Florida Statutes and Probate Rules.

If your daughter had a will, you would petition to admit the will to probate and appoint the person named in the will as personal representative.  If you are named as personal representative, then you petition to appoint you.  If you are not named as personal representative, then that person must waive his or her right to serve and you then petition to appoint you.

If your daughter did not have a will, the process is similar.  If your daughter had limited assets (less than $75,000), you can apply for an abbreviated administration known as "summary administration."

It is tempting to think that an estate is nothing more than a few forms.  If you try to do this yourself, you will soon find out how much more goes into an estate.  If your daughter's estate is truly simple, then the attorney's fees should be reasonable.


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