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Palm Beach Probate Attorneys Guide You Carefully Through Probate

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.

Contact trusted Palm Beach Gardens probate attorneys today for a free consultation

Don’t go through the complex and stressful probate process alone, take advantage of our years of experience and personalized service. Kitroser Lewis & Mighdoll today to schedule a free consultation at 561-721-0600 or contact us online.