Probate Lawyer in Florida

The loss of a loved one can leave you feeling like you are being pulled in a million different directions all at once—and at a time when you need to allow yourself the opportunity to grieve. Before someone can take steps to deal with financial and property issues for the family member you have lost, you need to obtain authority from the probate court, and launch the complicated probate process.

Allow us to help during this difficult time. The experienced team at The Estate, Trust & Elder Law Firm can manage many of the required legal tasks directly on your behalf, and we can guide you step by step through the process so that you can focus on family and other concerns. We know you may have many questions and concerns, and we take the time to explain the requirements so that you understand what to expect, what you need to do, and why.

The Estate Administration Process

When someone passes away in Florida, any property that they leave behind that is not set up to transfer automatically to another person will become the deceased person’s estate. An estate can include anything, from real property and vehicles to household goods, jewelry, and items of primarily sentimental value such as photographs.

Property in the estate must go through some form of the probate process in Florida before anyone has a right to take it, regardless of what the deceased person may have promised or whether the deceased person left a will. The process is required by law to ensure that the deceased person’s creditors get paid and that property is distributed rightfully. Unless an estate is of extremely low value, the probate process is usually quite complex and it takes a year or longer to complete. 

The person who is put in charge of the process, known as the personal representative or executor, is not personally responsible for covering any debts of the estate, but they are responsible for ensuring that the estate assets are managed and used properly in accordance with legal requirements. If they make a mistake, they could be sued.

When you work with The Estate, Trust & Elder Law Firm during the probate process, we can prevent costly mistakes and ensure that every task is completed efficiently to avoid unnecessary delays. Even without disputes or complex assets, the process can be confusing and time-consuming. If someone disputes the will or has complaints about the way the personal representative is handling the estate, the process can become tied up in court for years. We work to prevent problems before they arise, but if someone raises a challenge, we are prepared to protect your interests in litigation.

Tasks Involved in Probate

While the estate administration process through the probate court—generally referred to simply as probate—can be different in each case, here are some of the general steps involved.

• Determine whether the deceased person left a will and locate the original. The will should nominate someone to serve as personal representative. If there is no will or the personal representative cannot serve, a family member may seek authority to take on the role.
• File a petition in probate court to initiate the probate process and seek Letters of Administration for the personal representative. Until the personal representative receives official authorization from the court, they are not able to access accounts and manage assets.
• Inventory assets of the deceased person and determine which assets are part of the estate. Assets that are co-owned with a right of survivorship will become the property of the other owner(s) and will not go through probate. The same is true for assets in a trust or any account with a beneficiary clause because those will be distributed directly to beneficiaries.
• Notify creditors, beneficiaries named in the will, and those who would be heirs under the laws of intestate succession. County rules often require specific methods of notification to ensure that anyone who has a potential interest in the estate has the opportunity to file a claim.
• Assess and pay debts
• Manage property in the estate so that it retains value. Sell property if necessary.
• Calculate taxes due and file tax returns
• Distribute remaining assets to beneficiaries or heirs
• File an account and petition the court to close the estate

Since Florida law gives creditors a year to file a claim against the estate, the duties involved in managing the estate property over the course of the process can be extensive, such as ensuring that a home is properly maintained.

Our Team Can Protect You Every Step of the Way Through the Probate Process

While the experienced team at The Estate, Trust & Elder Law Firm, P.I. cannot promise to make the probate process quick, we can make the process manageable for you. We work with you during each step, providing guidance and assistance to ensure that all legal requirements are fulfilled. If a complication arises, we know how to address the issues before they can cause problems. Let us take the worry off your shoulders so that you can focus on family and other concerns. Contact The Estate, Trust & Elder Law Firm, P.I. today to get started on the probate process.