Probate, explained quite simply, is the legal process by which the Court oversees the appointment of a personal representative who is responsible for gathering the deceased person’s assets and distributing them to pay creditors and administration expenses before final distribution to the beneficiaries or heirs. (See What is Probate?) Contrary to popular belief, however, not all Florida estates require probate. Generally, if a person dies owning property in his or her individual name alone, then probate...
In Florida, testamentary capacity is necessary to execute a valid Last Will and Testament. Testamentary capacity is less than that required to establish other valid contracts such as a that required to execute loan documents or to purchase a home.
that burden is met by a showing that it is more probably than not that, at the time of execution of the will, the testator understood, in a general way, the nature and value of his property and his relations to those persons who would naturally have some claim to his estate....
- Testamentary Incapacity at the time of execution
- Mistake of Fact in execution
- Undue Influence or Duress
- Failure to comply with Florida's execution formalities