Probate Administration
Formal Administration
Formal Administration is the most common type of probate proceeding in Florida and is required for estates valued at more than $75,000 or when the decedent has been deceased for less than two years. The process involves appointing a personal representative, notifying creditors, inventorying assets, resolving debts, creditors, and claims against the estate, as well as distributing the estate to beneficiaries, all under court supervision.
Florida probate has strict deadlines, mandatory filings, and procedural requirements that must be followed precisely. Missing a deadline or filing incorrectly can delay the process and create additional stress for an already grieving family.
Having an experienced Florida probate attorney means every filing is handled correctly, every deadline is met, and your family gets through the process as efficiently as possible.
objectives
Formal Administration
Personal Representative
Court Supervision
Strict Deadlines
Summary Administration
Summary Administration is a streamlined probate option available in Florida for estates valued at $75,000 or less, or when the decedent has been deceased for more than two years. It is faster and significantly less expensive than Formal Administration, making it an attractive option for eligible estates.
While Summary Administration is simpler, it still requires precise legal filings and strict compliance with Florida probate law. The right guidance ensures the process moves efficiently and that beneficiaries receive what they are entitled to without unnecessary delays or complications.
objectives
Summary Administration
Eligible Estates
Faster Process
Legal Compliance
Distribution of Assets
One of the most critical phases of the Florida probate process is the proper distribution of estate assets to beneficiaries and heirs. This step requires careful attention to the terms of the will, Florida intestacy laws where no will exists, outstanding creditor claims, and court approval.
Mistakes in asset distribution can expose the personal representative to personal liability and create lasting family conflict. Every distribution must be handled correctly, documented properly, and completed in full compliance with Florida probate law — protecting both the estate and the people who depend on it.
objectives
Asset Distribution
Beneficiaries & Heirs
Court Approval
Liability Protection
Homestead
Property Transfers
Florida’s homestead laws are among the most complex and protective in the country — and they don’t stop applying at death. Homestead property is subject to special rules regarding who can inherit it, how it can be transferred, and what protections apply during probate.
Mishandling homestead property during the Florida probate process can result in unintended consequences for surviving spouses, minor children, and other heirs. Proper handling ensures Florida’s homestead protections work in your family’s favor — protecting the family home and ensuring it transfers correctly to the right people.
objectives
Homestead Property
Inheritance Rules
Probate Protection
Proper Transfer
Ancillary Probate
for Out-of-State Property
When someone passes away as a resident of another state but owned real estate, tangible personal property, or other assets located in Florida, a separate Florida legal proceeding – known as Ancillary Probate – is required to transfer those Florida-based assets to the rightful heirs or beneficiaries.
Ancillary Probate runs alongside the primary probate proceeding in the decedent’s home state and must comply fully with Florida’s specific probate laws, procedures, and deadlines. The two proceedings must be carefully coordinated to ensure assets are properly accounted for and distributed.
For families already navigating the grief of loss while managing an out-of-state estate, having experienced Florida probate counsel ensures the Florida proceeding is handled correctly, efficiently, and without adding unnecessary burden to an already difficult time.
Ancillary Probate
Florida Assets
Out-of-State Estate
Legal Coordination
Guidance for Executors
& Personal Representatives
Serving as a personal representative (what other states call an executor) is one of the most significant responsibilities a person can be asked to take on. In Florida, personal representatives have a legal duty to the estate and its beneficiaries, and can be held personally liable for mistakes made during the administration process.
From filing the initial petition for administration to managing estate assets, notifying creditors, filing tax returns, and making final distributions, the responsibilities are extensive and the deadlines are real. We offer hands-on guidance throughout the entire Florida probate process ensuring every obligation is met, every decision is properly documented, and the personal representative is protected every step of the way.
objectives
Personal Representative
Probate Duties
Estate Administration
Liability Protection
Creditor Claims and Notices
One of the most important, and most misunderstood, aspects of Florida probate is the creditor claims process. Florida law requires that the personal representative notify known and reasonably ascertainable creditors of the probate proceeding and provide them an opportunity to file claims against the estate.
Creditor claims must be carefully reviewed, evaluated, and either accepted or objected to within strict legal deadlines. Failing to properly handle creditor claims can expose the personal representative to personal liability and delay the final distribution of the estate to beneficiaries.
Proper management of the creditor claims process ensures notices are correctly served, deadlines are met, and the estate moves forward without unnecessary delays or legal exposure.
