West Palm Beach Probate Attorney

At Kitroser Lewis & Mighdoll, we understand that dealing with the probate process can be overwhelming for families during this time of deep personal loss. Our experienced West Palm Beach probate attorneys are committed to providing compassionate guidance while helping personal representatives fulfill their duties efficiently and effectively. We work diligently to avoid probate litigation and disputes through careful estate administration, ensuring that the probate process is handled with sensitivity and legal expertise.

Probate Administration with Care and Precision

Probate is the legal process of administering a deceased person’s estate, which involves distributing assets, paying debts, and fulfilling any obligations left behind. This process can be confusing and complex, but at Kitroser Lewis & Mighdoll, we aim to ease the burden on families and personal representatives by offering comprehensive probate services. Our firm has extensive experience in probate law, and we offer guidance and assistance through all aspects of the process, from the initial filing to the final distribution of assets.

Comprehensive Probate Services

We provide skilled legal counsel to personal representatives (also known as executors) throughout the probate process. Our probate services include:

1. Filing Petitions with the Court
   The first step in probate is to file the necessary petition with the court to officially appoint a personal representative for the estate. Our attorneys ensure that all required documents are filed accurately and promptly, streamlining the probate process and minimizing delays.
2. Obtaining Federal Tax ID Numbers
   Estates and trusts require a Federal Tax Identification Number (TIN) to manage assets and file taxes. Our team handles these formal requests on behalf of the personal representative, ensuring compliance with federal requirements.
3. Asset Valuation and Debt Assessment
   Proper asset inventory is critical for probate. We assist personal representatives in conducting a thorough valuation of the deceased’s assets, including real estate, bank accounts, and personal property. In addition, we evaluate the estate’s debts and ensure that all liabilities are accounted for in the estate administration.
4. Creditor Notification
   One of the most important tasks in probate is notifying creditors and other relevant parties of the probate action. Our attorneys manage this process to ensure that all interested parties are properly informed and that the estate adheres to all notification requirements.
5. Litigation Risk Assessment
   A well-administered estate minimizes the potential for probate litigation. Our firm evaluates the estate to identify and address any possible legal issues or disputes that may arise, allowing us to take preventive measures against costly lawsuits.
6. Fiduciary Responsibility Guidance
   As a personal representative, fulfilling your fiduciary duties is paramount. We provide detailed advice on your obligations, including asset management, debt payment, and adherence to the terms of the will or trust. Our attorneys ensure that you meet all your responsibilities while avoiding personal liability.
7. Debt and Tax Payments
   Part of administering an estate includes paying outstanding debts and taxes. We assist with disbursing payments to creditors, the IRS, and other entities, ensuring that all financial obligations are settled before assets are distributed to beneficiaries.
8. Asset Distribution
   Once debts and taxes are satisfied, the remaining assets must be distributed according to the deceased’s wishes. Whether through a will or trust, we guide personal representatives through the proper distribution of estate assets, ensuring compliance with Florida probate law.
9. Final Estate Administration and Court Filings
   The probate process concludes with the proper filing of documents to close the estate. Our attorneys ensure that all required documentation is filed with the court to finalize the estate’s administration, giving personal representatives peace of mind that all legal obligations have been met.

Avoiding Probate Litigation

One of the primary goals of our probate practice is to help clients avoid litigation. Disputes can arise over the validity of a will, asset distribution, or perceived mismanagement of estate affairs. Kitroser Lewis & Mighdoll offers proactive advice and skilled representation to mitigate the risk of these disputes. We address potential issues early in the probate process, working closely with personal representatives and beneficiaries to resolve concerns before they escalate into legal action.

Experienced Legal Counsel to Simplify the Process

The probate process is sometimes unavoidable. For the loved ones of the decedent (the person who passes away), the existence of probate assets creates a probate estate, and the necessity for a probate process. Probate is a court-supervised process designed for:

• Identifying and gathering the probate assets of a decedent
• Paying the decedent’s debts
• Distributing the decedent’s assets to the decedent’s beneficiaries

Probate assets are those assets which the decedent owned in their name, or were co-owned and/or lacked a provision for automatic succession of ownership at death. Due to the court’s involvement in probate proceedings, and the nuanced laws regarding probate, it is advisable to have a caring, knowledgeable probate attorney represent your best interests. The Palm Beach probate attorneys at Kitroser Lewis & Mighdoll offer the staunch, insightful counsel you need to navigate the complex probate process.

Understanding the Types of Probate

Not all probate estates are the same. Sometimes, and perhaps surprisingly, individuals with significant assets pass away without a sufficient estate plan. Estate planning is designed to minimize or eliminate probate assets. In other cases, a decedent passes with few probate assets, or very few assets at all. Also, the amount of debt a decedent held at the time of their death can complicate factors. There are three different types of probate in Florida:

• Formal Administration. When a decedent passes without a Will (known as “intestate”), or passes with a Will but has a complicated estate, Florida law will require that a formal court administration of the estate take place. The court will appoint a personal representative, see that creditors are paid, and otherwise distribute the probate assets according to relevant Florida law. Whether formal administration is required also depends on whether the decedent passed away within two years of when probate is filed. Formal administration is the most complex form of probate and can easily take a year or more to complete.
• Summary Administration. For Florida residents, or those who own real property in Florida, summary administration represents a much more efficient probate option. Generally, the probate estates of decedents who passed away over two years ago may qualify for summary administration. Additionally, decedents whose probate estates are valued at $75,000 or less can qualify for summary administration. If there are no claims of creditors, a court may grant a petition for summary administration and resolve the probate estate in a timely manner.
• Ancillary Administration. A unique form of probate, this is really a process for decedents who are not Florida residents, but pass away leaving real property in Florida. If a personal representative is properly empowered, a Florida court may conduct ancillary probate administration and issue an ancillary letter regarding the real property probate asset. This is a substitute for the other, more involved forms of probate administration.

Our goal is to simplify probate by handling all the details. Our probate attorneys have nearly 100 years of experience effectively handling probate matters. Our reputation for excellence throughout South Florida speaks for itself.

Trust Kitroser Lewis & Mighdoll for Your Probate Needs in West Palm Beach

With decades of experience in Florida estate planning and probate law, Kitroser Lewis & Mighdoll is dedicated to helping families and personal representatives handle probate with care and precision. Our comprehensive probate services are designed to alleviate stress, provide clarity, and ensure the wishes of the deceased are honored.

For assistance with probate in West Palm Beach, contact Kitroser Lewis & Mighdoll at 561-721-0600 or online. Let our experienced WPB probate attorneys guide you through the process with confidence and care.