Losing a loved one can be emotionally overwhelming, and having to go through the probate process can add even more stress during this already difficult time. You may not be familiar with the nuanced court procedures, know what deadlines are imposed, or understand the filing process. Probate can become even more complicated in situations where the decedent’s will is contested or there are disputes between beneficiaries.

Whether you are the personal representative of the decedent’s estate or a beneficiary, it’s important to have a skillful probate attorney by your side who can help you navigate this process. At Karen Estry, P.A., we are committed to guiding clients through the intricacies of probate and taking the burden off their shoulders.

Understanding the Probate Process

Probate is the public court process that oversees the administration of a decedent’s estate. Specifically, it involves validating the decedent’s last will and testament, identifying the estate assets, notifying creditors, paying taxes, and distributing the remaining property to the beneficiaries. During the probate process, the court would also appoint an executor, also known as a personal representative, if one is named in the will. In the event one is not designated, the court would name an administrator.

Assets that go through probate are those that are solely in the decedent’s name. They can include the following:

• Bank accounts, investments, and other assets
• Real estate
• Vehicles
• Personal belongings, such as jewelry and artwork
• Stocks and bonds
• Business interests
• Properties held by tenants-in-common

Non-probate assets, such as those that are jointly owned with a right of survivorship or have beneficiary designations do not need to go through probate. These can include trusts, payable on death or transferrable on death accounts, and life insurance policies or retirement accounts with a beneficiary.

The probate process is generally required regardless of whether there is a valid last will and testament. In the event there is no will, the decedent’s assets would be distributed in accordance with Florida’s intestate law. At Karen Estry, P.A., we know how complicated probate can be. We are committed to providing compassionate counsel as we walk our clients through every step of the process.

Types of Probate in Florida

There are several different types of probate and it can be complicated to know which procedures are required in administering your loved one’s estate. Critically, if probate is not carried out correctly, there can be unintended consequences, such as invalid asset distributions, tax issues, and extended creditor claims. The specific type of probate used will typically depend upon the size of the estate.

There are different types of probate in Florida, including the following:

• Formal administration: Formal administration is the standard probate process in Florida. It is required when estate assets exceed $75,000, left debts when they passed, and the decedent passed within two years. Formal administration is also necessary in cases where the will is being contested.
• Summary administration: Summary administration is a simplified, cost-effective, and efficient version of the probate process. However, it is only available for estates where the total amount of probate assets is $75,000 or less. Certain assets are exempt from that $75,000 limitation, such as the home in which the decedent resided or the car they drove. No personal representative is necessary for this type of probate. Instead, the court will issue an order authorizing the distribution of the assets.
• Disposition of personal property without administration: For matters involving very small estates where the funeral and medical expenses have already been paid, the court can simply authorize a transfer or payment of personal property to the individual who paid them. This process cannot be used for estate matters involving real estate.

In addition, ancillary probate is used for non-residents who pass away owning property in the state of Florida, such as those who own vacation homes or rental properties. This process ensures that the decedent’s assets are managed and distributed in accordance with Florida law. Ancillary probate involves opening a second probate case in Florida, separate from the probate case in the decedent’s home jurisdiction. Even if you have counsel for the domiciliary probate case, it’s important to have a probate attorney in Florida who understands the laws and procedures regarding probate within the state.

At Karen Estry, P.A., we can advise you regarding the type of probate that must be used in your specific situation. We represent clients for various probate matters, including those involving complex estates. We also provide legal services for out-of-state clients who have inherited property in Florida.

Probate Litigation

Emotions can run high after a loved one passes away, and it’s not uncommon for family disputes to arise during the probate process. Probate litigation has to do with resolving conflicts over the administration of the decedent’s estate. Karen Estry, P.A., handles a wide range of probate disputes in litigation, including those involving:

• Will contests
• Beneficiary disputes
• Disputes over asset distribution
• Executor breach of fiduciary duty
• Ancillary probate issues
• Intestacy disputes

Significantly, probate disputes don’t always need to be resolved in court. At Karen Estry, P.A., we can help you explore other options that may be viable in your case, including negotiation or mediation. The mediation process can allow you and the other beneficiaries to discuss your concerns, find creative solutions, and preserve family relationships as you work toward a resolution.

Contact an Experienced Florida Probate Attorney

Probate can be a complex, time-consuming, and stressful process, but you don’t have to face it alone. A skillful probate attorney in Florida can help. At Karen Estry, P.A., we are dedicated to offering our clients the legal support they need as they go through this emotionally taxing time. We invite you to contact us online for a consultation to learn how we can assist you or by calling (407) 869-0900.