How does summary administration work in Florida probate?

The process of this type of administration is initiated by filing a Petition for Summary Administration that must be signed by a surviving spouse and/or beneficiaries. In short, this is an expedited version of probate.

Who is the Administrator of an estate in NJ?

With Fredrick P. Niemann, Esq., our experienced New Jersey Estate Administration and Probate Attorneys and staff can be a tremendous resource to make the administration process easier and efficient. Deciding to be an Administrator of a New Jersey Estate or renouncing your right to be an Administrator should not be hastily done.

Who is the personal representative of a deceased person?

If the decedent dies intestate – i.e., without a Will – an Administrator is appointed as the personal representative.

Who is appointed to deal with the estate of a deceased person?

If the deceased person left an invalid will or no will at all, the person who deals with the deceased person’s estate is called an ‘administrator’. An administrator may be appointed by the court before they can deal with the deceased person’s estate.

When does a surviving spouse have a right to appointment in Florida?

In Florida, the surviving spouse has the initial right to appointment, but if the spouse declines to serve or the decedent was unmarried, an individual or institution approved by a majority of heirs may serve. A judge makes the appointment if the heirs disagree.

Can a Florida judge appoint a personal representative to administer an estate?

If the decedent did not have a valid will, the judge will appoint a personal representative to administer the estate. In Florida, the surviving spouse has the initial right to appointment, but if the spouse declines to serve or the decedent was unmarried, an individual or institution approved by a majority of heirs may serve.

Who is responsible for managing the estate of the deceased spouse?

In addition, if the deceased dies without a will, known as dying intestate, state law establishes a widow’s rights over the deceased spouse’s estate. The individual responsible for managing the estate of the deceased is the personal representative or executor. If the deceased has a will, that document names the executor of his estate.

Can a surviving spouse serve as an administrator in probate?

Probate rules are established by your state and include identifying who can serve as an administrator and the priority of appointment. A surviving spouse usually is given first choice at filling this role. If they decline, the deceased’s children are next in line. When there is no spouse or children, a family members may be selected.