Expert Probate Advice from a Responsive, Caring Attorney

One of the most difficult times in anyone’s life is dealing with the death of a loved one. Trying to handle the Probate process during this difficult and emotional time is an extreme burden to your loved ones. With our thorough understanding and 40 years of experience in Florida Law, we can help you manage the probate process with your best interest as our primary concern.

We have successfully guided thousands of individuals through the probate process and will work on your behalf every step of the way to make sure your legal rights are protected.

Florida Probate

Probate is a court managed process where a decedent’s debts are paid and their assets distributed according to a Will or according to Florida Statutes. The process is managed by the Probate Court in the county where the decedent was a resident.

Contact us to schedule a consultation regarding probate.

Every probate estate is unique, but most require the following:

• Filing a petition with the proper probate court
• Notice to heirs under the Will or to Statutory heirs (if no Will exists)
• Petition to appoint Executor
• Inventory and appraisal of estate assets
• Payment of estate debt to rightful creditors (3 months publication)
• Sale of estate assets
• Payment of estate taxes, if applicable
• Final distribution of assets to heirs

Florida Resident Probate

It is important to use an Attorney who understands probate laws within your state. As a Florida Attorney for forty years, I am highly experienced in dealing with Florida probate law and can file the necessary Florida probate forms for you.

With our legal guidance you will be certain your assets will be distributed according to your wishes in the event of your death.

Non-Resident Probate

It is common for residents of other states or foreign countries to own property in Florida.

When a non-resident of the state of Florida dies owning Florida property, a probate administration of the estate in the State of Florida may be necessary to transfer ownership of the property to the right person.

We have handled many of these cases for people living outside of Florida. You can rely on our experience and expertise in non-resident probate to get property legally transferred to the proper beneficiaries. We can handle it all for you with honest, legal advice.

Personal Representative Responsibilities

The party responsible for completing all court requirements is the Personal Representative named in the Will, or the person appointed by the court if there is no Will.

Some of the Duties of a Personal Representative are:

• File an inventory of the decedent’s property within 60 days from his date of appointment
• Insures that the 1040 tax return for the decedent is filed with the IRS
• Set up an estate checking account to pay the expenses of the probate and to distribute monetary assets
• The estate itself is a taxpayer; therefore, a 1041 federal return should be prepared by a CPA and filed appropriately by the personal representative

Distribution of Estate Assets

The assets of the estate do not have to be withheld until the end of the probate process, but the distribution to the beneficiaries is not normally made until the creditor’s period has expired. The time for the distribution of the assets is at the discretion of the personal representative but the probate of an estate generally takes between 4-6 months if the estate is nontaxable.

Costs and Fees

Certain costs and fees related to the decendent’s estate are deductible. The Personal Representative will have a 1041 tax return prepared and the deductions will be distributed to the beneficiaries in the form of a K1. Fees for the attorney for the estate and the personal representative of the estate are set by Florida Statutes and any additional fees may be determined by the court.

Schedule your consultation today to discuss Florida probate.

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