Palm Beach County: For Palm Beach County Probate help call one of the above phone numbers or email to David@PalmBeachCountyProbate.com
There are a few types of Palm Beach County Probate
Formal Florida Probate Administration - Florida Statute 733
In a Palm Beach County Formal probate administration, the judge appoints a personal representative to be in charge of the probate estate and issues Letters of Administration, giving authority to the personal representative to act.
This Palm Beach County probate administration is a probate proceeding when the value of the entire estate, less the value of property exempt from the claims of creditor, does not exceed $75,000 or the decedent has been dead for more than two years and the decedent's will, if any, does not direct a formal administration.
Florida Ancillary Probate Administration Florida Statute 734 When a decedent dies as a resident of another state but owning Palm Beach County Real Estate in their sole name a Florida Ancillary Probate would need to be done to transfer the Palm Beach County real estate to the beneficiaries or heirs of the Palm Beach County probate estate.
Disposition of Personal Property Without Administration - Florida Statute 735.301
As the name suggests, this is a process disposing of property but requiring no administration or formal proceedings. No Florida Probate Attorney is required for this type as it is disposition without administration. The estate may consist solely of exempt personal property, as defined by law, and non exempt personal property with a total value not to exceed up to $10,000 in funeral expenses plus reasonable medical and hospital expenses incurred the last 60 days of the last illness. The Clerk's office provides the necessary form for this proceeding and assists with its completion when the probate estate qualifies.
Trust Proceedings (Complaint) - Florida Statute 737 - Florida Trust Litigation when there is a Florida Trust dispute and beneficiaries are contesting the trust, actions of the trustee or trust related matter.
A trust is any arrangement whereby property is transferred with the intention that it be administered by a trustee for another's benefit. Although trusts are not filed with the Probate Court, the court becomes involved when there is an adversarial issue such as a challenge to a Trust that is believed to have been the product of undue influence or lack of capacity of the grantor whose execution was not done properly when the document was forged there is a dispute regarding who the successor should be actions that the trustee should take a trust construction to determine what was intended through the terms of the trust or other Trust Litigation issues.
Probate of Palm Beach County Estates - The number for the Probate Court for Palm Beach County Probate is (561) 355-2986
Who gets your money if you do not leave a will?
This would be determined by the Florida Intestate Succession laws. Who will be the probate beneficiaries will be determined by who the family members are. If they had a spouse the spouse gets at least half if there are children who are children of another parent or half plus $60,000 if the deceased did not have any children other than with the surviving parent. If there were no children then the spouse receives all the property. If there is no spouse but there are children the children receive all the property. If they are minors than a guardian can receive it on their behalf.
Where should probate be filed?
The venue (the proper or most convenient location) for probate of wills and granting of letters is:
- In the county where the decedent was domiciled
- If decedent had no domicile in this state, then in any county where the decedent’s property is located
- If the decedent had no domicile in this state and possessed no property in this state, then in the county where any debtor of the decedent resides
Does the Probate Court Clerk provide forms to file for probate?
The Clerk only provides the probate form for a Disposition for Personal Property without Administration, also known as a small estate but no other forms. Florida Law requires an attorney for virtually all Probate cases.
What paper does the Palm Beach County Probate Court Clerk’s office use for publications?
The Palm Beach County Probate Clerk publishes notices with the Palm Beach Daily Business Review. You should send an original notice for the court Palm Beach County Probate file.
Is there a time limit on filing for probate in Palm Beach County? Can a testator prevent a Palm Beach County Will Contest through a no contest clause?
No neither Palm Beach County Probate Court or any Florida Probate Court has a time limit on the ability to file for Probate. Florida Probate and Wills Law provides that a no contest clause is unenforceable and as long as an interested party has a legal basis to challenge or dispute a will they are able to hire a probate litigation attorney and pursue a Palm Beach Will Contest.
What is the presumed reasonable attorney fee for a Palm Beach County formal Probate administration case?
Florida law provides that the first million of the probate estate is 3% then up to $3 million is 2.5% and up to $5 million is 2%. Florida Statute 733.6171
How would someone know which Probate division a case would go to? Where do Boca Raton probate cases go?
Palm Beach County Probate Court divides the cases geographically based on the domicile of the decided - where they were living with the intent to remain. The court is divided among 3 branches with a North County Probate Court branch, Main Judicial Complex in West Palm and a South County branch of the Palm Beach County Probate Court which serves Boca Raton Probate cases. The address for the various Palm Beach County Probate Courts are below.
Click link to see Palm Beach County Probate Court Fees
Palm Beach County Probate Court is a division of the Circuit Court located in Palm Beach County.
During a Palm Beach County Probate Case court orders are filed with the Palm Beach County Public Records although the content of them are not displayed online. The Palm Beach County Property Appraiser will see the recorded documents from a Palm Beach Probate case concerning real estate and will update their records to show the proper legal owners of the Palm Beach Probate Real Estate.
Palm Beach County Public Records
Palm Beach County Property Appraiser
Palm Beach Senior Services
For Palm Beach Probate cases a notice to creditors is required for formal probate cases and optional for Palm Beach County summary probate administration when there are no known or reasonably ascertainable creditors.
The Palm Beach County Probate Court is comprised of the the following Probate Judges to oversee Probate Administration and Estate Settlement cases as well as Palm Beach Probate Litigation, Will Contests and Estate Litigation
Palm Beach Probate Judge Cook Palm Beach Probate cases at main judicial complex in Palm Beach County. Oversees Palm Beach County Probate Litigation and Probate Administration cases.
The main Palm Beach Probate Court for cases serving the center of Palm Beach is located at 205 N. Dixie Highway West Palm Beach Florida 33401
The judicial assistant helping with Probate cases for the Palm Beach central cases and Judge Cook's docket is Kristen Colbath.
Palm Beach Florida Judge Cook
Palm Beach Probate Judge Oftedal Presides over Palm Beach County Probate administration and litigation of probate estates from the North County Palm Beach Probate Court 3188 PGA Blvd Palm Beach Florida.
Erin Brandt is the judicial assistant for North Palm Beach Probate cases and Judge Oftedal
Palm Beach County Probate Judge Colin is the Palm Beach County probate judge for Palm Beach South County Probate Court which is located at 200 West Atlantic Avenue in Delray Beach Florida.
The judicial assistant for Palm Beach South County Probate cases and Judge Colin is Sherrie Norton.
Palm Beach County Florida was founded in 1909. Palm Beach County Has the most land area and the most money per person of any Florida County as well as the 3rd largest population.
While there has always been a lot of money and large estates in Palm Beach County its political leanings as a county have changed over time interestingly supporting the Republican candidate for president every year from 1960-1988 then having supported the Democratic candidate every election since 1992.
