Probate Case Type Descriptions

4 Replies

I pulled my first probate list today to begin to become familiar with the list itself and terms. The gov website did have the definition of most of the case type descriptions but did not have for the following: Risk Protection and pre need guardianship. From what I understand, the clerk or someone involved with the property has filed the following types of cases.

When can an attorney be reached? When there is one listed on the report? If no attorney is listed, should I wait until the attorney is listed or do I find the number of the beneficiary or petitioner and reach out to them?

Thank you for any help you can give.

Try these two links to the rules of the probate codes for the state of Florida @Michael Lopez :

Start at Part 2 PROBATE

The second link will more than likely be easier to understand. (I think)

I have no idea what you mean If no attorney is listed on the report? To view a probate file you'll need the decedents name and case number then that information will be on the petition for probate or notice of petition, etc.

If no attorney is listed then the estate is being represented by the PR (Personal Representative). In CA the legal term would be "in pro per".

if that's the case on some files, this would be a good prospect for a motivated seller. Especially if the PR resides outside the state of FL (CA, WY, NV, TX, LA, etc, etc).

(This is not legal advise and I am not a attorney)

The Personal Representative is the only one that can sell the property and is usually an heir or relative.  The attorney really has no say in the sale, except for offering advice.

@Mark Pedroza

There are some names that have beneficiary but no attorney. In any case, thank you for the help. I will read through those tonight.

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