Probate is the legal process in which a court supervises the orderly administration of a deceased person’s estate, which primarily includes satisfying their lawfully owed debts, followed by the distribution of their assets to the beneficiaries of their estate. We are here to help our clients navigate the probate process.

The probate process serves several important functions, including:

• Validating the deceased person's will: The probate process confirms the validity of the deceased person's will, ensuring that their final wishes are carried out as intended, or if they did not have a will, determining the identity of their heirs.

• Paying debts and taxes: The probate process ensures that the deceased person's debts and taxes are paid from their estate, so that their beneficiaries or heirs can receive the assets that they are entitled to.

• Distributing assets: Probate is important because it is the legal process by which title in a deceased person’s assets are transferred to their beneficiaries or heirs.

• Providing legal oversight: The probate process is supervised by a court, which helps to ensure that the process is fair and the deceased person's wishes are respected.

• Resolving disputes: The probate process provides a mechanism for resolving disputes among family members or other interested parties over the deceased person's assets or the terms of their will.

In summary, probate is important because it provides a legal framework for the orderly transfer of a deceased person's assets, helps to ensure that their final wishes are respected, and provides a means for resolving disputes that may arise among family members or other interested parties.

The state of Florida permits two types of probate administration, and we can assist with both:

• Formal Administration: Formal administration can usually be completed within nine to 18 months, but can take longer, depending on the County and the facts on the case.

• Summary Administration: Florida permits a summary administration if the value of the deceased person’s estate does not exceed $75,000 (exclusive of homestead and other exempt property) and if the deceased person’s estate has no unsatisfied debts.

A Florida probate can include tasks such as submitting a Will to the Court, identifying the decedent’s assets and creditors, assisting with the liquidation of assets and distributing property pursuant to a Will or Florida law. The Personal Representative (i.e. “Executor”) is charged with managing the probate assets and administration. A Personal Representative is under no obligation to use the same law firm that wrote the will for the probate administration. Florida law generally does not allow “do-it-yourself” probate.

Navigating the probate process can be confusing, and we are here to provide guidance and assistance in administering estates, whether large or small. Our attorneys and staff strive to be responsive, efficient, and economical in assisting with estate administrations.