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Florida Estate Planning and Probate Resources

The following links are provided by the law office of Charles T. Weiss, P.A. for the benefit of individuals seeking general information about estate planning and probate in Florida, including wills, trusts, guardianships, advance directives and long-term care. If you need advice or assistance in creating or revising your estate plan, or if you need help with a probate administration, please contact Charles T. Weiss, P.A. in North Palm Beach. We serve clients in the Northern Palm Beaches and throughout South Florida.

The Florida Department of Elder Affairs assists senior citizens with issues relating to long-term care, nursing home and assisted-living facilities. The Department’s goal is to ensure that as many senior citizens as possible enjoy a healthy, active and fulfilling quality of life. Through the Division of Statewide Community-Based Services, the Department works with the 11 Area Agencies on Aging and operates a number of programs and services, including the Long-Term Care Ombudsman, the Statewide Public Guardianship Office, Communities for a Lifetime, Serving Health Insurance Needs of Elders (SHINE), and Comprehensive Assessment and Review for Long-Term Care Services (CARES).

You can download several pamphlets on wills, trusts and estates from the website for The Florida Bar, including Do You Have a Will?, What is Guardianship?, The Revocable Trust in Florida, and Probate in Florida. The Bar also provides a FAQ page on living wills and health care advance directives, including a sample Designation of Health Care Surrogate form.

Information about living wills and other advance directives can be found in a pamphlet provided by FloridaHealthFinder.gov. From this page you can download the entire pamphlet or a sample living will and other forms.

For those interested in reading the law firsthand, the Florida Probate Code can be found in Florida statutes Chapters 731-735. Chapter 732 covers intestate succession and wills, including spousal rights, the elective share, and the provision for a “pretermitted” spouse and children who were omitted from the will. Chapter 733 covers formal estate administration, Chapter 734 deals with personal representatives and wills from out of state, and Chapter 735 details the process for probate of small estates, including summary administration and the disposition of personal property without administration.

For the rules governing a probate or guardianship proceeding in court, see the Florida Probate Rules.

Information on different types of probate cases, including formal administration, summary administration, and disposition of personal property without probate administration, can be found on the Probate of Estates page at the Palm Beach County Clerk & Comptroller website.

The Probate and Guardianship Division of the 17th Judicial Circuit Court of Florida handles all matters relating to the disposition of estates and the appointment of guardianships in Broward County.

Visit this page for information on estates and guardianships, including wills, probate and small estates, in Miami-Dade county.

 

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