Probate
When a loved one passes away, their estate must go through a legal process known as probate. At Kitroser Lewis & Mighdoll, our experienced lawyers assist families in Martin and Palm Beach County through every step of the probate process, ensuring the estate is administered efficiently and in accordance with Florida law.
What Is Probate?
Probate is the court-supervised process of distributing a decedent’s assets to their beneficiaries and paying off any outstanding debts or taxes. The process involves verifying the validity of the deceased person’s will (if one exists), identifying and valuing assets, paying debts and taxes, and distributing the remaining property to heirs. In Florida, probate is required whether or not the deceased person left a will.
Types of Probate Administration in Florida
Florida has two primary types of probate administration: formal administration and summary administration. A third type, ancillary administration, applies to out-of-state residents who died while owning property in Florida or another state.
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Formal Administration: This is the standard probate process used when the value of the estate exceeds $75,000 or when the decedent has been deceased for less than two years. It involves appointing a personal representative to manage the estate, who is responsible for managing the estate, gathering assets, notifying creditors, and distributing the estate according to the will or Florida’s intestacy laws if there is no will.
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Summary Administration: This is a simplified probate process available when the value of the estate is less than $75,000, or the decedent has been deceased for more than two years. Summary administration is faster and less costly, but not all estates qualify for this option.
The Role of a Personal Representative
In Florida probate, a personal representative (also known as an executor) is appointed to oversee the estate administration. If the decedent left a will, the person named in the will to be executor is usually appointed as the personal representative. If there is no will, the court will appoint a representative based on Florida law. The personal representative has several responsibilities, including:
- Identifying and gathering the decedent’s assets
- Notifying beneficiaries and creditors
- Filing necessary court documents
- Paying debts, taxes, and final expenses
- Distributing the remaining assets to beneficiaries
Given the complexities involved, it’s essential for personal representatives to work closely with an experienced probate attorney to ensure they meet all legal obligations.
What Happens When There Is No Will?
If someone dies without a will (technically known as dying intestate), Florida’s intestacy laws dictate how the estate will be distributed. Typically, the estate is passed to the decedent’s closest relatives, such as a spouse, children, or parents. However, this process can become complicated, especially if there are multiple heirs or disputes about asset distribution. Our probate attorneys help families navigate intestate estates and ensure a fair distribution according to Florida law.
How Long Does Probate Take?
The duration of probate in Florida depends on several factors, including the size and complexity of the estate, the number of creditors, and whether there are disputes among beneficiaries. Formal administration can take anywhere from six months to over a year to complete, while summary administration typically takes a few months. Working with an experienced probate attorney can help streamline the process and avoid unnecessary delays.
Common Probate Issues
Probate can be a straightforward process, but complications may arise, including:
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Will Contests: Disputes over the validity of a will or its provisions can lead to litigation. Grounds for contesting a will may include undue influence, lack of capacity, or improper execution.
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Creditor Claims: Creditors may file claims against the estate to collect unpaid debts. It is essential to properly assess and handle these claims to protect the estate’s assets.
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Disputes Among Beneficiaries: Conflicts among heirs regarding asset distribution can delay the probate process and lead to costly legal battles.
Why You Need a Probate Attorney
Administering an estate through the probate process can be confusing, frustrating, and time-consuming, especially during a time of grief. A probate attorney can provide valuable guidance and support throughout the process, helping to:
- Ensure the estate is administered efficiently and according to Florida law
- Protect the personal representative from potential legal liabilities
- Resolve disputes among beneficiaries or creditors
- Handle complex estates involving multiple properties or significant assets
Our team at Kitroser Lewis & Mighdoll understands the complexities of Florida probate law and is committed to providing compassionate, knowledgeable representation to families throughout Martin and Palm Beach County. Whether you are facing a straightforward probate case or a more complex estate, we are here to guide you through the process with care and professionalism.
For legal expertise and practical assistance with probate in Martin and Palm Beach County, Kitroser Lewis & Mighdoll is here to help. Our experienced attorneys will work with you to ensure the probate process is handled efficiently and with minimal stress. Contact us today by calling 561-721-0600 or sending us an email to schedule a consultation and learn more about how we can assist with your probate needs.