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Practice Area
Probate Administration
In a fraction of a second, a death can change everything for you and your family. Our office is here to help you navigate the complex probate process after the loss of a loved one.
Understanding the Process
What Is Probate?
In Florida, if a decedent passes away with a will, the personal representative is responsible for opening a probate, proving that the will is valid, inventorying the assets, paying the decedent's debts, and distributing the assets in accordance with the will. If the decedent passes away without a will, the Florida Statutes will decide who the personal representative will be, who the heirs are, and how the assets will be distributed.
As the personal representative, you have a fiduciary duty to administer the probate estate properly, timely, and in accordance with all the laws of Florida. Filing and managing probate matters can be lengthy and complicated. Let us assist you through the process.
As the personal representative, you have a fiduciary duty to administer the probate estate properly, timely, and in accordance with all the laws of Florida. Filing and managing probate matters can be lengthy and complicated. Let us assist you through the process.
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Opening the probate and proving the will is valid
Inventorying and appraising estate assets
Filing all required notices and searching for creditors
Paying valid debts and disputing improper creditor claims
Final distribution of estate assets and closing the estate
Protecting the rights of beneficiaries
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Complete Support
Our Probate Services
We routinely handle all phases of probate and estate administration, from opening the estate through final distribution.
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Estate Administration
Formal administration, summary administration, and disposition without administration under Florida law.
Personal Representative Guidance
Helping personal representatives carry out their fiduciary duties properly, timely, and in accordance with Florida law.
Asset Identification & Inventory
Identifying, gathering, safeguarding, and inventorying the decedent's probate assets.
Creditor Notices & Claims
Publishing the Notice to Creditors, serving the Notice of Administration, paying valid claims, and objecting to improper ones.
Beneficiary Rights
Helping beneficiaries understand and protect their rights to information, an accounting of the estate, and distributions.
Final Distribution
Distributing probate assets to the beneficiaries and closing the estate.
Timeline
How Probate Unfolds
Probate can be a lengthy process. At a bare minimum, the notice to creditors runs for a three month period, plus the time needed to file all legal documents with the Probate court.
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Probate Papers
Step 1
Probate papers are filed with the clerk of the circuit court in the county where the decedent resided. Any Will must be deposited with the clerk within 10 days.
Personal Representative
Step 2
The judge determines whether the personal representative named in the Will is qualified to serve, and Letters of Administration are issued.
Creditor Period
3 Months Minimum
The Notice to Creditors runs for three months while assets are inventoried and valid claims are paid.
Distribution
Final Step
Tax returns are filed, probate assets are distributed to the beneficiaries, and the estate is closed.
Need Help with Probate?
If you or a loved one has suffered from the passing of a family member, contact our experienced and dedicated Florida Probate Attorney for a free consultation.
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