Trusted Florida Probate Attorneys

In Florida, there is technically no such thing as an “executor.” While you may still be called an executor informally, all legal and court documentation will consider you the “personal representative.” Regardless of what the court or anyone else calls it, if you’re in this position, you will have the following duties:

• Ensure distribution of assets and debts: This is the most important part of the job. You will be the point person handling each and every claim against the estate and ensuring the proper apportionment of what is left to the heirs.
• Keep accurate records: Many people have a vested interest in what you do and how you do it. Keeping records is important, not only because the court will want them, but because they will protect you as well.
• Notifications: You’ll have to notify banks, creditors, family and nearly any other individual with a vested interest in the estate of what’s going on.

Learn more about being an executor of an estate, click here

Keep in mind: As a fiduciary, you must act in the best interests of the estate. You may have immense power over what happens, but at the end of the day, the estate must be closed properly and according to the law.

The good news here is that you mostly won’t have to navigate things, as there is a statutory process for handling estates without wills. The probate court will likely appoint a personal representative who will do the same actions as described above. However, when it comes to distribution, it will follow Florida’s intestacy laws.

Very briefly, intestacy laws dictate the order of inheritance of your various relations. The most complex piece is the first level of the spouse. Under the law, the spouse would receive 100% of the estate unless there are children not related to the surviving spouse. If the children are not descendants of the surviving spouse – or descendants of the surviving spouse not related to the deceased – then the spouse receives 50%, and all the descendants get a share of the remaining 50%.

If there is no spouse, then the court divides the estate equally among family members as follows:

1. All direct descendants
2. If there are no direct descendants, then the deceased’s surviving parents
3. If there are no surviving parents, then the deceased’s siblings or – if they are no longer living – their children and grandchildren
4. If there are no siblings or surviving nieces and nephews and so on, then half of the estate will be dispersed to all surviving maternal relatives and half will go to surviving paternal relatives.
5. If there are no surviving relatives, then 100% of the property will go to the last deceased’s spouse’s heirs, and the intestate process starts all over again.

This is a complex set of rules, and it has no space for the preference of the individual. If a person was estranged from their family and wanted their estate to go to charity, that would not happen without an estate plan.

While it is not required, an attorney is a major benefit to any and all probate matters. From highly complex formal probates for large estates to smaller estates that may be able to make use of certain shortcuts and expedited processes, our team can help you make a difference.

There’s a lot at stake if you’re a personal representative. You want to ensure that the probate process goes as smoothly as possible and meets all obligations. As you are a fiduciary, the stakes are high here, and failure can lead to a legal case against you.

Additionally, a benefit of working with our team is that attorney Bobby King is a real estate agent. If it becomes necessary to sell property to distribute assets accordingly, he can help with that. But perhaps the most important benefit of our services is the peace of mind that you will have. Ours are experienced attorneys who have the skills to efficiently and effectively move you and your family through this process.

There are some baked-in costs to probate, such as taxes and court fees, but the general cost of your case will depend on how long it takes and how difficult it becomes. Generally, the faster you can move through probate, the less it will cost you.

In a perfect storm of variables that include going through summary probate, the probate process can take less than a month. However, that is hardly ever the case. On average, probate may take about six to nine months, but sometimes it can take years.

Yes, it is possible to avoid or minimize the need for probate in Florida. By utilizing trusts and other asset protection strategies, you can reduce the amount of assets that are subject to probate. In Florida, assets that are held in a trust, such as a revocable living trust or an irrevocable trust, are not subject to probate. Additionally, assets that have a designated beneficiary, such as life insurance policies, retirement accounts, and annuities, also avoid probate.

Other strategies for avoiding probate in Florida include:

• Holding property in joint ownership with rights of survivorship, such as joint tenancy or tenancy by the entirety
• Using a Lady Bird deed, also known as an enhanced life estate deed, to transfer property to beneficiaries while avoiding probate
• Creating a transfer-on-death (TOD) deed for real property
• Funding a trust with assets during your lifetime to avoid probate

It’s essential to note that while these strategies can help minimize or avoid probate, they may not completely eliminate the need for probate court involvement. It’s recommended that you consult with an experienced Florida estate planning attorney to determine the best approach for your specific situation and to ensure that your assets are properly protected and distributed according to your wishes.

By working with a knowledgeable attorney, you can create a comprehensive estate plan that takes into account your unique circumstances and goals, and helps you avoid the time, expense, and stress associated with probate in Florida.

Yes, there are several types of assets that can avoid probate in Florida. These include:

• Assets held in a trust: Since the trust is a separate entity from the individual, assets held in a trust are not subject to probate.
• Assets with a designated beneficiary: Assets such as life insurance policies, retirement accounts, and annuities have a designated beneficiary and pass directly to that beneficiary without going through probate.
• Jointly held assets: Assets held in joint ownership with rights of survivorship, such as joint tenancy or tenancy by the entirety, pass directly to the surviving owner without going through probate.
• Assets with a transfer-on-death (TOD) designation: In Florida, certain assets such as real property, stocks, and bonds can be transferred directly to a beneficiary using a TOD designation, avoiding probate.
• Lady Bird deeds: Also known as enhanced life estate deeds, Lady Bird deeds allow you to transfer property to beneficiaries while retaining control during your lifetime, and can avoid probate.
• Payable-on-death (POD) accounts: Bank accounts, such as checking and savings accounts, can be designated as POD accounts, which pass directly to the beneficiary without going through probate.

It’s essential to note that while these assets can avoid probate, they may still be subject to other requirements, such as filing tax returns or providing notice to beneficiaries. It’s recommended that you consult with an experienced Florida estate planning attorney to ensure that your assets are properly titled and will pass according to your wishes.

During the probate process in Florida, the personal representative of the estate is responsible for settling the debts and taxes of the deceased person. They create a list of all creditors and assets, and then pay off debts and taxes in the order of priority set by Florida law, which includes funeral expenses, taxes, secured debts, and unsecured debts. If necessary, they may need to liquidate assets to raise funds to pay off creditors. The personal representative must also file any outstanding tax returns and obtain a discharge from the probate court once all debts and taxes have been paid. Throughout this process, the personal representative has a fiduciary duty to act in the best interests of the estate and its beneficiaries, following Florida law and the terms of the deceased person’s will (if they had one).

No, life insurance payouts typically do not go through probate. Since a life insurance policy has a named beneficiary, the payout will be made directly to that beneficiary, bypassing the probate process. This means that the beneficiary will receive the insurance proceeds without having to wait for the probate process to be completed, and without the proceeds being subject to the debts and expenses of the estate.

If you live in a different state, your estate will be probated according to the laws of that state. However, if you live out of state but have a loved one who passed away with assets in Florida, you will need to probate their estate under Florida law. In such cases, you may be able to pursue a simplified probate process called summary administration if the Florida assets are valued below a certain threshold or if you wait two years after the person’s passing. It always help to have a local Florida probate lawyer to work with who can keep you informed of what’s happening and how to address any problems that may arise problems.

In many cases, real estate is distributed to the heirs of the estate as part of the probate process. However, if the estate has outstanding debts or if the deceased person did not leave a will (known as intestacy), it may not be possible to divide the real estate equitably among the heirs. In such situations, the real estate may need to be sold, or liquidated, in order to pay off debts or to divide the proceeds among the heirs. This can be a complex process, but having an experienced attorney who is also knowledgeable about real estate can be beneficial. Fortunately, our firm’s attorney, Bobby King, is not only a probate attorney but also a licensed real estate agent, which enables him to provide guidance and assistance with the sale or transfer of real estate during the probate process.

If disputes or issues arise during the probate process, they will be heard and resolved by the probate court. Unfortunately, probate disputes can be particularly stressful and emotionally challenging, often causing significant pain and conflict among family members. These disputes can lead to long-lasting familial rifts and emotional scars, making an already difficult time even more trying. It’s essential to have an experienced and compassionate probate attorney who can guide you through the process.