Probate & Estate Administration Attorneys

The loss of a family member or loved one is one of the most difficult things you can encounter.

We help to settle affairs and navigate the road to financial peace after a loved one passes.

What is probate & when is it required?

When a loved one passes away, their estate may need to be settled in a court-supervised legal process called probate. Probate transfers ownership of a deceased person’s assets to beneficiaries.

Probate is required anytime a person dies and the property they owned was in their name only.

Even if they have a will, probate will still be required for all but the smallest estates.

While this sounds straightforward, it rarely goes as planned. Probate can be a challenging, confusing, and lengthy process, and can compound the grief that family members are dealing with after the loss of a loved one.

Our experienced Florida probate attorneys help shoulder this burden so you and your family can focus more on healing after a loved one passes.

How long does Probate take in Florida?

Probate is where the courts transfer a deceased person’s assets to their beneficiaries. The process can be time-consuming and costly for a family to go through.

In Florida, probate usually takes a year at minimum since creditors have one year from the date of the decedent’s death to file claims against the estate.

More complex estates — or disputes between beneficiaries — will delay the process even longer. Some estates get tied up in probate court for many years.

Contact us to see how we can help today.

A closer look at Florida Probate & Estate Administration

At its most basic, here’s how the Florida Probate process looks:

After you die, the person named in your will as the executor files with the court.
Next, the executor lists all the assets, debts, and beneficiaries. It's important to note that with or without a will, assets can still go through probate.
Depending on how the will was set up, outstanding debts, and other factors, the executor may have to sell off certain assets from the estate.
Probate court proceedings are considered public records, which means creditors or ex-relatives could easily see all the details of your private affairs.

With many factors involved, administering an estate can take months or even years.

Sadly, delays can mean family members don’t have access to the funds they may need to pay for funeral expenses. Other issues that can develop include resolving disputes between beneficiaries and haggling with creditors.

The Estate, Trust, & Elder Law Firm team will come alongside you as a guide to help during this challenging time. Call us at (772) 828-2588 or click here to get started.

Probate is just one piece of the estate administration process. Estate administration deals with transferring assets when someone passes away. Even with a will, estates still require administration.

Our office can help with the many tasks involved in estate administration including:

Filing a petition with the probate court
Notifying heirs
Petitioning to appoint an Executor or an Administrator
Inventorying and appraisal of all estate assets
Settling estate debt with creditors
Paying estate taxes
Final distribution of assets to heirs

If you or a loved one is facing the estate administration or probate process, don’t delay. Call us at (772) 828-2588 to learn how we can help.

Probate is distressing.

We can help.

Many Estate Planning strategies can help diminish the risk of probate.

That’s why we recommend proper planning now, to avoid life’s challenges down the road.

However, if it’s too late for planning that would avoid probate, we can still help during this difficult time.

Our job is to help guide you through a tricky and complicated process.

As your co-pilot, we plan a route and help keep you aware of where we are on the journey. You are always in control.

How to avoid Probate in Florida

In Florida, we have many legal strategies available to help avoid probate.

Although every situation is different, some of the many strategies we can help you consider to avoid probate include:

Trust Based Plan

A properly created trust based Estate Plan can meet your goals and avoid probate entirely.

That way, your heirs can receive their inheritances much quicker and with far less cost.

Accounts Jointly Owned

This is where you add another owner with what’s known as "rights of survivorship" to your account. If something happens to you, the account simply passes to the other person.

There are potential risks here, which should be discussed with an attorney before proceeding.

Payable on Death Accounts

These special instruments keep assets in your name without a joint owner. They can pass to the beneficiary if something happens to you.

Florida’s premier law firm for Probate & Estate Administration

Get in the driver’s seat to take control of your tomorrow.

Even when things go smoothly, the complicated procedures and practical challenges of the probate process can be daunting.

No matter the size or complexity of the estate, The Estate, Trust & Elder Law Firm is committed to providing the best possible solutions—now and in the future.

Contact us at (772) 828-2588 to get started today.

Get ready for tomorrow by starting today.

Our team has experience, knowledge, and insight to guide our Treasure Coast clients through the complexities of probate and estate administration.

That’s why our first conversation with new clients is a discussion to see where we can provide the most benefit. It helps us nail down what’s important to you and your family going forward. With that in mind, we can start to shape the legal framework that protects your vision.