Estate creditors may be involved in the probate process before it even begins.

• A creditor can file a caveat with the probate court as soon as it learns of the death of the deceased, telling the court to notify it whenever probate proceedings are commenced.

• Within three months (typically) of the publication of the notice to creditors (see above) in the newspaper, a claimant, whether or not a creditor, can file a “statement of claim” with the Clerk of the Circuit Court notifying the estate of his claim against it.

• The personal representative’s duties may go beyond simply publishing the notice to creditors. He is expected to make diligent efforts to ensure that all estate creditors receive actual notice of the probate proceedings.

• Anyone with a stake in the probate proceedings, including the personal representative, can file an objection to the statement of claim. Even a potential estate beneficiary can file an objection, because if the claim succeeds, estate assets will be reduced, leaving less to be distributed to him.

• If anyone files an objection to the statement of claim, the claimant can file a separate lawsuit to enforce the claim. The probate court must respect the outcome of the lawsuit, and the personal representative must distribute estate assets to a creditor who wins a lawsuit against the estate. Obviously, a pending lawsuit will delay the closing of probate.

In probate, there may be no valid will for one of two reasons: (i) the deceased did not leave a will; or (ii) the will is invalidated by the probate court. If the will is invalidated, the deceased’s probate estate will pass to beneficiaries according to Florida intestate succession law. Florida intestate succession law rank-orders beneficiaries according to their relationship with the deceased — the spouse is first priority, for example — and then distributes assets accordingly.

Not in most cases. It might be possible if, for example, your children have all reached adulthood and you signed a prenuptial agreement with your surviving spouse that specifically allowed you to disinherit him or her. Absent special circumstances, however, spouses and children enjoy certain inheritance rights regardless of the terms of your will, or even if you die without a will. These rights may include:

• Homestead rights;

• Elective share rights;

• Family allowance rights;

• Exempt property rights; and/or

• Pretermitted child rights.

The personal representative (formerly known as the executor) is an individual, bank or trust company appointed by the probate court to administer the estate. Normally, the personal representative is nominated in the deceased’s last will and testament.