Practice Under Florida Probate Code
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Written by skilled probate attorneys, Practice Under Florida Probate Code provides comprehensive analysis of all the steps you need to take to administer an estate in Florida. It features discussions of major changes to the Probate Code made over the past few years, alerts the user to recent changes to the Florida Probate Rules, and highlights relevant tax considerations. Forms, sample accountings, and charts for basic probate practice enhance the book's practitioner focus.
Highlights of the new Eleventh Edition include coverage of:
- Florida courts' new ability to exercise in rem jurisdiction by formal notice over estate property under F.S. 731.301.
- Probate jurisdiction and the effect of the recent changes in jurisdictional amounts as to personal property under F.S. 26.012 and 34.01.
- Appealable orders in probate and guardianship cases and the new addition of a denial of entitlement to lawyer fees and costs as an appealable order.
- The lawyer-client relationship and the lawyer’s role when the lawyer also serves as personal representative, and the new statutory disclosure requirements under F.S. 733.617.
- The payment of fees to a lawyer representing a personal representative and the new disclosure requirements under F.S. 733.6171.
- Notice of administration and the new language required to be included in the notice under F.S. 733.212 regarding the effect of failure to contest the will and waiver.
- New requirement for designating confidential information in court filings under Fla. R. Gen. Prac. & Jud. Admin. 2.420.
- Florida Legislature's authorization of electronic wills and remote online notaries, and the production of electronic wills for probate.
- The form for a petition for administration under Fla. R. Prob. Proc. 5.200 and the new requirement of a statement as to the priority of a personal representative under F.S. 733.301.
- New discussion of the filing of an affidavit of heirs with the petition for administration in intestate estate cases.
- New discussion of holographic wills.
- Unique valuation issues and other considerations associated with cryptocurrency and other digital assets.
- The transfer of estate assets and electronic registration of motor vehicles, mobile homes, and vessels.
- The enactment of the Florida Uniform Partition of Heirs’ Property Act.
- The enactment of the Florida Community Property Trust Act.
- Effect of dissolution of marriage on a beneficiary designation and the legislative overruling of Gordon v. Fishman, 253 So. 3d 1218 (Fla. 2d DCA 2018).
- Procedure for closing an estate and a modified petition for discharge under FLSSI Forms P-5.0550 and P-5.0551 versus a "full waiver" under FLSSI Form P-5.0570.
- Will contests and the enactment of F.S. 732.8031 ("Forfeiture for abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or a disabled adult").
Visit our Estate Planning website for a complete list of The Bar's Estate Planning related titles.
Visit The Florida Bar Legal Publications website for a complete list of The Bar's titles.
The 10th Edition ISBN was 9781522193043.
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Table of contents
Chapter 1 Important Preliminary Administration Issues
Sandra Graham Sheets and Craig A. Mundy
Chapter 2 Practice And Procedure
Kit Van Pelt
Chapter 3 Jurisdiction
Jay L. Kauffman
Chapter 4 Functions Of Lawyers And Personal Representatives
Shane Kelley and Jenna Rubin
Chapter 5 Initial Steps In Probate And Administration
Rachel Barlow Oliver
Chapter 6 Inventory And Appraisal
Rose M. La Femina
Chapter 7 Elective Share
Daniel A. Hanley, William T. Hennessey, and Cristina Papanikos
Chapter 8 Creditors' Claims And Family Allowance
Frank T. Pilotte
Chapter 9 Management Of Decedent's Property
Kathleen A. Kadyszewski
Chapter 10 Sales And Transfers Of Estate Assets
Tami F. Conetta
Chapter 11 Determination Of Beneficiaries And Their Interests
Pamela O. Price
Chapter 12 Fiduciary Accountings
Sandra Graham Sheets and Craig A. Mundy
Chapter 13 Partial Distributions
Pamela O. Price
Chapter 14 Final Distribution And Discharge
Jeffrey S. Goethe
Chapter 15 Compensation Of Personal Representatives And Lawyers And Other Expenses Of Administration
Chapter 16 Curators
Robert F. Iseley, Jr.
Chapter 17 Ancillary Administration
Robert A. Dawkins and Kateena E. Manners
Chapter 18 Small Estates And Summary Administration
Frank T. Pilotte
Chapter 19 Homestead And Exempt Personal Property
Tae Kelley Bronner and Rohan Kelley
Chapter 20 Pitfalls In Estate Administration—A View From The Bench
Hon. Mark A. Speiser
Chapter 21 Probate Litigation
Stacy B. Rubel and J. Eric Virgil