Probate & Trust Administration

Probate is the legal process of winding up of an estate of someone who has died that involves attorneys, judges, creditors, personal representatives (executors), and others. The probate process requires that a decedent's assets are inventoried, creditors are given notice then paid, and assets are finally distributed among heirs and beneficiaries. 

 

Like​ Estate Planning, probate creates an intimate attorney-client relationship. Losing a loved one is hard enough, but trying to handle complex financial and legal issues while dealing with family interests is more than anyone should have to endure alone. I know because I have seen it first hand in my family. We will work with you to avoid headaches and ensure that the assets of a decedent are administered fairly to his or her heirs and beneficiaries. This applies even if the decedent has a last will and testament, as that alone may not be enough to avoid probate.

There are three main types of Florida Probate Law: Summary Administration, Formal Administration, and Ancillary Administration Probate cases. Additionally, there is another administration proceeding called “Disposition of Personal Property Without Administration,” however, this is rare. Summary Administration occurs for  probate estates valued at no more than $75,000 or the decedent has been deceased for more than two years. Formal Administration is generally for probate estates valued at more than $75,000 and the decedent has been dead for less than two years. Ancillary Probate proceeding is generally required in Florida if the decedent both: was not a Florida resident at death and died owning Florida property. 

Similarly, if a loved one dies with a Living Trust you will go through Trust Administration. If you are the Trustee, our firm can assist you in ensuring the purpose of the Trust is executed and the best interests of the beneficiaries are protected. We will counsel you the many aspects of Trust Administration, such as: Filing a Notice of Trust with the court; Notifying Heirs and Beneficiaries; Conducting an initial accounting of estate's assets; Notifying creditors; Filing taxes for the estate; Settling debts and obligations; Preparing the final accounting of the Trust; Distributing the remainder of the estate to the beneficiaries; and, Closing the estate. Likewise, if you are a beneficiary of a Trust, our firm will ensure your rights are being protected under Florida law and in accordance with the Trust. 

This and more (like what property may be exempt or homestead transfers) is why it is important for you to contact an attorney who is ready to assist you and your family through the probate process. We are ready to get to work for you in your probate administration. You can schedule an appointment directly on our website, call our toll-free office number at 1-800-368-8449, or email us at contact@emertlawoffice.com.

Law Office of J. Frederick Emert, P.A. 

Mailing Address

7901 Fourth Street North, Suite 5159 

Saint Petersburg, Florida 33702

Call for an Appointment

(850) 744-0086 North Florida |  (305) 704-9987 South Florida & Keys | (800) 368-8449 Florida Statewide & U.S.

Attorney Disclaimer:

The information provided on this website is provided for general informational purposes only and is not intended to be legal advice. We attempt to provide quality information, but the law changes frequently, and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature and may not apply to a specific factual or legal circumstance. An attorney-client relationship should not be implied from reviewing or responding to the website. Nothing on this website is intended to replace the advice of an attorney; therefore, if you require legal advice, please consult with a qualified attorney licensed to practice in your jurisdiction.

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