Probate, Estate and Trust Administration

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If you lost a loved one, we send our deepest condolences. We know that the probate process can be aggravating, especially for someone dealing with a loss.  If you are not completely sure what probate is, you are not alone.  For starters, probate is a legal process that takes place after someone dies. Probate allows our assets to pass to our heirs. We are dedicated to the efficient and safe administration of wills, trusts and estates.  Our goal is to settle estates as quickly as possible, with good communication and diligence.

Our team has over 30 years of experience handling probate in all counties across Florida.   

Free Download-Probate Documents and Timeline

Prepare for the probate process by gathering documentation and understanding the timeline.

helping you in probate court

The Estate Timetable

We encourage you to spend the first few days grieving and making arrangements with a funeral home.  It should be determined if any instructions were left behind as to the desired disposition of the remains.  You should look for any estate planning documents and for paperwork from a funeral home.  Next, look for a Last Will and Testament and ask close family and friends for relevant information.  You may consider taking extensive photographs of the house and the contents to avoid the “disappearance” of any household items.  

Locating the Last Will

Locating the Last Will is one of your first tasks.  If you find multiple Wills, try to determine the most recent.  You may find the Will in one of these places:

  1. Personal files in home,
  2. A home safe;
  3. In custody of attorney that drafted it;
  4. Safe deposit box at a bank. Banks will normally require a Court order;
  5. The freezer.

Providing Information to Probate Attorney

The attorney that you contact will ask for information needed for the probate.  For an example of necessary information/documentation, see our Probate Intake Form.  During the probate, you should consider looking for assets and liabilities.  You may also consider hiring an investigative service to obtain a credit report. 

Obtaining Death Certificates

You will generally need several copies of the death certificate (short form without listing cause of death).  You may need the long form certificates also, so you should obtain a few.  The funeral home will usually assist you.

Valuation of Assets

You will begin to value the assets (personal property and real property) left behind.  The homestead is not included here.  It is usually a good idea to obtain a formal appraisal.

Notification of Death

You should begin noticing third parties of the death, such as:

  1. Cell phone, cable and internet providers.
  2. Social security, pension funds and veterans administration (the funeral home may assist but you should follow-up).
  3. Credit card companies.
  4. Auto lenders and leasing companies.
  5. Utilities (with homestead, if the personal representative has provided notice of taking possession FL. St. 733.608(2)).
  6. Health insurers.
  7. Any other insurance policy.

Probate Deadlines

The Florida Statutes impose several deadlines.  Please ensure you notify your attorney as soon as possible after the death so you do not miss any dates.

Three Types of Florida Probates

There are generally three types of probate in Florida: Formal Administration, Summary Administration and Disposition of Personal Property.  Ancillary probate is a “side probate” that occurs alongside another state’s probate, if the decedent resided in other state but had Florida probate in his/her sole name.

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Frequently Asked Questions

Guiding you through the Probate Process

What is the "Probate Estate?"​

It means the property of a decedent that is subject to administration pursuant to Chapter 731 of the Florida Statutes. Generally, it is property owned solely by the decedent that has not been given away before death.

 

A decedent’s Will passes through probate. This means a court will oversee the administration of the Will and ensure the Will is valid. The court will also ensure the property gets distributed per the decedent’s wishes. Thus, a Will becomes part of the public record. 

A trust does not pass through probate. That is because, upon the decedent’s death, the assets are titled in the name of the trust, not the decedent. If there are no assets in the decedent’s name, then, theoretically, there is no reason to open probate (except to limit the time that creditors can make claims on your estate or to probate a “pour-over will).

How does Homestead Property Impact Probate?

In choosing a personal representative, consider proximity to the decedent’s (person that died) home.  The personal representative must spend a lot of time searching for information and distributing or selling the contents of the home and other tangible personal property.  Consider those with professional backgrounds such as lawyers, accountants, those in financial industries, or who have skills suited to the role.  

Next, you must consider the qualifications of the personal representative.  Any Florida resident may serve.  For non-residents, it depends on how they are related to the person that died.  No one may serve who has been convicted of a felony, under 18 or physically/mentally unable to perform the duties.

How do I choose a Personal Representative?

In choosing a personal representative, consider proximity to the decedent’s (person that died) home.  The personal representative must spend a lot of time searching for information and distributing or selling the contents of the home and other tangible personal property.  Consider those with professional backgrounds such as lawyers, accountants, those in financial industries, or who have skills suited to the role.  

Next, you must consider the qualifications of the personal representative.  Any Florida resident may serve.  For non-residents, it depends on how they are related to the person that died.  No one may serve who has been convicted of a felony, under 18 or physically/mentally unable to perform the duties.

What documents will I need?

Judges often expect filings to be made using forms published by Florida Lawyer’s Support Services Inc. (“FLSSI”).  Although Florida mandates e-filing, the courts require some original documentation:

  1. Death Certificate;
  2. Oath of Personal Representative;
  3. Bond of the Personal Representative; and 
  4. Authenticated copies of pleadings from other jurisdictions.

Disclaimer:  The Law Office of Lori Vella’s website contains general information directed to Florida residents.  This firm does not intend to give legal advice through its pages and/or blog.  If you need legal advice, we encourage you to find an attorney licensed in your state.  This language on this website website does not create an attorney-client relationship between you and this firm. Review our legal disclaimer page.