Florida Probate Administration Lawyer

Expert Probate Administration Lawyers in Florida

Losing a loved one is never easy, and the process of distributing their assets or resolving their debts can add to the stress. At Statewide Probate, a division of the McDonald Fleming law firm and Coastal Probate Trust & Elder Law, our experienced probate administration attorneys provide compassionate and skilled assistance throughout Florida. If you are tasked with managing a loved one’s estate, you don’t have to face the complexities of probate alone. We are here to support you, handling the legal process so you and your family can focus on healing and addressing the personal matters that follow the loss of a spouse, parent, or other loved one.

What is Probate?

In Florida, probate is the legal process used to manage a deceased person’s assets, ensuring debts are paid and remaining assets are distributed to heirs.

The Florida probate process typically involves:

• Validating the deceased person’s will in probate court
• Identifying and preparing an inventory of the deceased person’s property
• Determining the value of the property
• Paying outstanding debts and taxes
• Distributing the remaining property as the will or Florida law
• Covering attorney and court fees which are usually paid from estate assets

Executors are not required to use the same law firm that drafted the will for probate services. Most probate proceedings in Florida require legal paperwork prepared and filed by a probate attorney. Unlike some other states, Florida generally does not permit “do-it-yourself” probate, except in limited cases involving small bank accounts, refund checks, or similar assets.

Different Types of Probate Administration in Florida

Florida offers two types of probate administration: formal administration and summary administration.

Formal Probate Administration: The Standard Probate Process

Formal administration is the more comprehensive of the two probate processes in Florida, typically requiring a minimum of five months to complete, though many cases take longer.

Here’s a simplified overview:

1. The process begins with a petition to open the estate and appoint one or more personal representatives (executors).
2. A Notice to Creditors is published in a local newspaper, giving creditors three months to file their claims.
3. After the creditor claims period ends, the personal representative settles debts (in a specific order of priority) and distributes the remaining assets.
4. Once all debts are resolved and assets distributed, a petition for discharge is filed, and the estate is closed.

While this process may sound straightforward, probate involves numerous tasks for the personal representative, attorney, and sometimes a tax consultant, such as a CPA. The complexity of the estate’s assets and the deceased’s distribution plan greatly influence the process. For example, administering a single house and bank account left to one beneficiary is much simpler than handling multiple properties across several states and dividing them among numerous beneficiaries, including minors.

Summary Probate Administration: A Simplified Process for Small Estates

Summary administration is a faster, more cost-effective option for certain smaller or older estates. It is available under the following circumstances:

• The estate’s non-exempt assets are valued at less than $75,000 (homestead real property is excluded from this calculation).
• The deceased has been dead for more than two years, regardless of the estate’s size.

However, summary administration is not suitable for all cases. It cannot be used if there are minor or missing heirs, or if the deceased’s assets or debts are unknown.

While summary administration is simpler than formal administration, it still requires careful adherence to Florida’s probate laws to ensure the process is handled correctly.

Schedule a Free Consultation with Our Florida Probate Administration Attorneys

Whether you need assistance with formal probate administration or summary probate administration in Florida, Statewide Probate is here to help. Contact the experienced Florida estate and probate attorneys at Statewide Probate, a division of McDonald Fleming and Coastal Probate Trust & Elder Law, for a free consultation. We proudly serve clients in Pensacola, Miami, Fort Lauderdale, Orlando, Sarasota, West Palm Beach, and throughout Florida.