Trust & Estate Administration and Probate
Our attorneys also provide comprehensive support in the administration of trusts and estates, ensuring that fiduciary duties are met and client intentions are carried out with precision.
In addition, our firm provides expert guidance in both domestic and international probate and estate administration matters. We assist clients in navigating complex probate processes, resolving estate disputes, and ensuring efficient transfer of assets across jurisdictions. Our team is dedicated to protecting your interests and facilitating smooth estate settlements, no matter where your assets or beneficiaries are located.
Probate is the legal process the court uses to make sure a person’s affairs are properly handled after they pass away. In Florida, this means:
- Collecting and identifying the person’s assets
- Paying any outstanding debts or taxes
Distributing what’s left to the rightful heirs or beneficiaries.
These cases are handled under the Florida Probate Code, usually in a special probate division of the Circuit Court. Judges who regularly work on probate matters oversee the process.
If there is a valid will, the estate is called testate, and the will usually names a personal representative (sometimes called an executor) to manage everything. If there is no will (intestate), the court will appoint someone to act as personal representative according to Florida law. Either way, probate ensures everything is done properly, debts are settled, and assets are distributed fairly.
Probate in Florida may be required in two situations:
1. The deceased lived in Florida and left probate assets here, or
2. The deceased lived elsewhere but owned assets in Florida (this is called ancillary administration).
Not all assets have to go through probate, and figuring out which ones do can be complicated. Florida law also allows for two different probate procedures:
- Formal Administration – generally used for larger estates or when court oversight is necessary.
- Summary Administration – a faster option available for smaller estates or when more time has passed since the person’s death.
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