Probate & Estate Administration

In Florida, Probate courts oversee the administration of an individual's property after death, set up guardianships of minors, and conservatorships of incapacitated adults. We encourage you to contact us to discuss any questions on probate issues that you may have. If you are unsure whether you have a probate issue, read the information below and do not hesitate to contact us.

When someone dies, either with or without leaving a will, there are often estate matters that need to be handled, such as changing title to property and completing tax forms. Probate is the process courts use to transfer the legal title of property that was owned by the decedent (the person who died) to his or her heirs or beneficiaries. Usually, someone will has to (1) fill out court forms and (2) appear in court to:

(a) prove that the will is valid;
(b) appoint a trustee, a legal personal representative with authority to act on behalf of the decedent;
(c) identify and inventory the decedent's property;
(d) to appraise the property,
(e) pay the decedent's debts and taxes, and
(f) distribute the remaining property by what was specified in the decedent's will or as directed under the Florida intestate statutes.

The legal process of transferring property when someone dies can be complicated. If someone close to you has died, we strongly encourage you to have one of our probate lawyers handle the outstanding legal matters on your behalf, so that you can focus on taking care of your family during this time of loss.

If your loved one owned property out of state, it may be necessary to open an ancillary administration to distribute that property. An ancillary administration is a separate legal proceeding that is required to be opened in the state where the property is located. Our firm can review the property documents including deeds and wills to help determine what is necessary to complete the probate process.

Often wills contain no contest clauses, in Florida these are invalid per public policy. Often wills are created in other states and although they may not be enforced in Florida, there might be property in other states that could be subject to them. A Will contest is a challenge to the way property is distributed under a will, and our probate attorneys are familiar and can help you deal with them.

If someone who owes you money has died recently, you may have to file a creditor's claim in Probate Court in order to collect your money from the estate. It is important to file your claim in the correct court and county so that proper notice will be given to your claim. There are very strict time limits on doing this, so you should contact a probate attorney right away if you have a claim against a decedent's estate.

Other matters handled by probate courts are guardianships and conservatorships. If someone close to you is unable to care for him/herself or their property, our probate lawyers can help you establish a conservatorship to ensure the individual is cared for and his or her property is handled competently. Often a child may need a guardianship established over their property even if one of the parents is the natural guardian of the child. There is a difference between a natural guardian and a guardian at law.

A probate guardianship is where a court appoints an adult, who is not a child's parent, to take care of a child or a child's property. This may be necessary if the child's parents die, or if the child has been abandoned, is not receiving adequate care or is being abused. Florida Probate Court's can only grant a probate guardianship if the child is not involved in a Family Court or Juvenile Court action. A guardian generally has the same responsibilities as a parent, and is responsible for the child's personal needs, including shelter, education and medical care. A guardian may also provide financial management for a child, though sometimes a conservator or guardian of the estate is appointed by the court to do this. The appointment of a guardian does not sever the legal relationship between the child and his or her natural parents. The parents will still be required to provide financial support, and the child will still have rights of inheritance. Often when a guardian is appointed by a Florida court, the Guardian will be required to take a class on how to protect the child. These classes involved 8 hours of instruction if the Guardian is not the natural parent and are 4 hours long is the Guardian is the natural parent of the child.

If you believe a guardianship or conservatorship of an individual should be established, or if you have will or estate administration questions, do not hesitate to contact our experienced probate lawyers to discuss the situation and available options for handling it.