Probate

including summary administration,
formal probate, and related estate matters

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.