Probate

Making the First Steps Clear and Manageable

Probate can feel overwhelming, especially when you’re not sure where to begin. I help clients take that important first step—offering clear guidance through the entire probate process. Whether the situation calls for formal probate, summary administration, or assistance with a small estate, I focus on providing practical support to help you navigate each stage and handle the necessary legal requirements with confidence.

Probate Services

  • Summary Administration is an expedited court process available for certain smaller estates or when the decedent has been deceased for more than two years. It allows eligible assets to be transferred to heirs more quickly and with less expense than full (formal) probate.

    Key benefits:

    • Faster process than formal probate—typically completed in a few months.

    • Lower costs and reduced court involvement.

    • Suitable for simpler estates without complex creditor or beneficiary issues.

    Summary Administration still requires careful legal preparation to ensure compliance with Florida law and court requirements. We guide clients through the process, prepare all necessary pleadings, and assist with coordination of creditor notices, homestead determinations, and distribution of assets to beneficiaries.

  • Formal Administration is the standard court-supervised process used to settle estates that do not qualify for Summary Administration. It involves appointing a personal representative, resolving creditor claims, and distributing assets according to the will or Florida law.

    At this time, we handle only uncontested probate matters involving relatively straightforward estates—where the family is in agreement, no complex disputes are expected, and the administration can proceed without extensive litigation.

    Our services include:

    • Preparing and filing all required probate pleadings with the court.

    • Assisting the personal representative in fulfilling legal duties and managing the estate.

    • Coordinating notice to creditors, addressing legitimate claims, and obtaining necessary court approvals.

    • Guiding the orderly distribution of assets to beneficiaries and closure of the estate.

    Formal Administration can be a detailed process, even when matters are amicable. Our goal is to help families navigate it efficiently, with clear guidance at each step. For more complex or contested matters, we can refer you to trusted litigation counsel as appropriate.

  • Florida’s homestead laws provide important protections for a family’s primary residence—but proper court proceedings are often required to confirm those protections and ensure the home passes correctly under Florida law.

    Our Homestead Determination Proceedings services include:

    • Preparing and filing the Petition to Determine Homestead Status with the probate court.

    • Working with the personal representative, family members, and the title company to ensure clear and marketable title.

    • Addressing related issues such as creditor claims, exempt property treatment, and spousal rights where applicable.

    • Coordinating with closing counsel if the homestead will be sold after determination.

    Completing the homestead determination correctly protects valuable property rights and ensures the home is handled properly during and after probate.

  • Even after probate is complete, there are often important final steps needed to ensure that estate and trust assets are fully administered and distributed as intended.

    Our Post-Probate Estate and Trust Transition services include:

    • Assisting personal representatives with final estate accountings and asset distribution.

    • Advising trustees on how to receive and administer assets transferred from the estate.

    • Coordinating updates to beneficiary designations and ownership records post-probate.

    • Helping resolve any final issues related to real property, business interests, or ongoing trust administration.

    We help clients complete the transition smoothly, so that both estate and trust matters are fully settled and long-term plans can proceed.

FAQs

  • Probate is the legal process used to settle a deceased person’s estate. It ensures that debts are paid and assets are distributed according to the person’s will or Florida law.

    Probate is typically required if the deceased owned assets solely in their name or if certain legal actions (such as homestead determination) are needed to transfer property.

  • Florida has two primary types of probate:

    • Formal Administration – The full probate process, used when the estate value exceeds $75,000 or when required due to asset complexity or creditor issues.

    • Summary Administration – A simplified process available for smaller estates or when the decedent has been deceased for more than two years.

    There are also special procedures such as ancillary probate for out-of-state decedents with Florida property.

  • Assets that were owned solely in the deceased person’s name with no beneficiary designation typically must go through probate. This can include real estate, bank accounts, investment accounts, personal property, and business interests.

    Assets that are jointly owned, held in a trust, or have valid payable-on-death (POD) or transfer-on-death (TOD) designations usually pass outside of probate.

  • A personal representative (also called an executor in other states) is responsible for managing the probate process. This includes:

    • Collecting and safeguarding estate assets

    • Notifying creditors and paying valid debts

    • Filing required court documents

    • Managing tax filings

    • Distributing remaining assets to beneficiaries

    The personal representative acts under court supervision and has a legal duty to carry out these tasks properly.

  • If someone dies without a will (known as dying intestate), Florida law determines who inherits the estate. The probate court will appoint a personal representative and the estate will be distributed according to Florida’s intestate succession statutes—which may or may not match what the deceased would have wanted.

    Proper estate planning can help avoid this outcome and ensure your wishes are followed.

Guidance & Order

Continuity means staying with you — from start to finish. At Kaplan Law Firm, we help families understand where they are, what comes next, and how to move forward with clarity and confidence. Probate can involve real estate, business interests, and tough decisions — and we don’t hand you off to someone else when things get complex. Instead, we offer one place, one team, and consistent guidance every step of the way. Because in moments of uncertainty, what matters most is having a plan, a guide, and a path that doesn’t change on you.

Approachability means you can talk to us — and trust that we’ll actually listen. At Kaplan Law Firm, there’s no stiff suits or legal jargon walls. We’re here to offer real guidance, in plain language, from people who care about getting it right with you. Probate often comes during a hard time, and the last thing you need is a lawyer who makes it harder. Our goal is simple: make it easier to ask questions, understand the process, and feel supported the whole way through. We bring the knowledge — but also the patience, the clarity, and the compassion that make a tough season feel a little less overwhelming.

Stability means having someone steady to lean on when everything else feels uncertain. At Kaplan Law Firm, we help you keep moving — one step at a time, with clarity and purpose. Probate can feel overwhelming, but you don’t have to figure it out alone. We’re here to offer structure, consistency, and calm in the middle of it all. Whether you're facing decisions about property, business, or family, we help you stay grounded and confident in the path ahead.

Here’s what we can do for You

  • Determine Whether Full Probate Is Still Required

    We review the time elapsed since death and analyze whether formal probate is required or if simplified options (like summary administration) are available.

    Prepare Petitions for Florida Summary Administration

    We prepare and file petitions for summary administration for estates where the decedent has been deceased more than two years, streamlining the process and eliminating creditor notice periods.

    Address Title Transfers for Real Estate and Other Assets

    We coordinate legal transfers of Florida real property, financial accounts, and other assets into the names of beneficiaries or heirs once probate is complete.

    Coordinate Release of Estate Assets Without Formal Creditor Claims

    We assist with closing out creditor rights that have expired due to passage of time, reducing administrative steps and simplifying asset distribution.

  • Handle Ancillary Probate for Out-of-State Decedents Owning Florida Property

    We prepare and file Florida ancillary probate proceedings for non-residents who owned Florida real estate or other Florida-based assets at the time of death.

    Coordinate With Out-of-State Attorneys to Synchronize Probate Processes

    We work directly with counsel handling the primary probate administration in the decedent’s home state to ensure smooth coordination of filings.

    Prepare Florida Title Documents to Clear Ownership for Sale or Transfer

    We prepare title affidavits, probate court orders, and related documents required to transfer Florida real property held in the name of a non-resident decedent.

    Review Out-of-State Documents to Determine Florida Filing Requirements

    We analyze foreign wills, probate orders, and estate documents to determine what must be filed in Florida to clear title or access Florida-based assets.

  • Prepare and File Required Florida Probate Petitions and Pleadings

    We prepare all probate court filings necessary to open and administer the estate, including petitions, notices, inventories, and final accountings.

    Guide Personal Representatives Through Duties and Legal Obligations

    We advise personal representatives on their fiduciary duties, timelines, legal responsibilities, and administrative steps required throughout the probate process.

    Address Creditor Claims and Required Estate Notices

    We handle statutory creditor notices, review claims, and coordinate responses to creditor demands as part of the estate administration process.

    Coordinate Asset Distributions and Prepare Transfer Documents

    We assist with distribution of estate assets to beneficiaries, including preparing deeds, title documents, or transfer forms required to complete the administration.

  • Coordinate Post-Death Trust Administration for Florida Assets

    We assist trustees with administering trusts that hold Florida-based assets, ensuring compliance with state-specific post-death legal requirements.

    Prepare Affidavits and Certifications to Support Trust-Based Title Transfers

    We prepare trustee certifications, affidavits of continuous trust, and related documents necessary to transfer real estate or other trust-held assets.

    Assist Trustees in Identifying When Probate Is Still Required for Non-Trust Assets

    We review non-trust assets to determine whether ancillary probate is necessary to clear title or transfer certain assets not properly titled in the trust.

    Prepare Beneficiary Receipts and Release Documents to Document Trust Completion

    We prepare formal receipts, releases, and acknowledgments for beneficiaries to sign at the conclusion of trust administration, documenting that distributions have been received and trustee duties have been fulfilled.

  • Review Estate or Trust Documents to Explain Inheritance Rights

    We review wills, trusts, and estate documents to explain your rights as a beneficiary or heir and clarify what you can expect from the probate process.

    Communicate With the Personal Representative or Trustee on Your Behalf

    We act as your legal representative when communicating with the personal representative, trustee, or other parties managing the estate or trust.

    Advise on Timing of Distributions and Administration Steps

    We explain expected timelines for probate or trust administration and help you understand when distributions are likely to occur.

    Review Proposed Accountings or Distribution Plans Before You Sign

    We review final accountings, settlement agreements, or proposed distributions to verify accuracy and fairness before you consent to closing the estate or trust.

  • Determine Whether Summary Administration or Formal Probate Applies

    We evaluate whether simplified procedures are available based on estate value, asset types, and creditor issues, or whether full probate administration is required.

    Prepare Full Probate Administration Filings for Higher-Value Estates

    We prepare and file all required documents for formal probate administration, including petitions, notices, inventories, accountings, and closing documents.

    Organize Required Documentation to Open Formal Probate

    We gather, prepare, and submit the full set of documents needed to open formal probate administration for higher-value estates, including court petitions, death certificates, asset lists, and related filings.

    Handle Complex Asset Transfers Involving Real Property, Business Interests, or Investment Accounts

    We prepare and coordinate legal documentation to transfer title for real estate, closely held businesses, brokerage accounts, and other significant assets held in the estate.