Sarasota Probate Administration Attorneys: Navigating the Probate Process with Confidence

Losing a loved one is one of the most difficult experiences in life. The grieving process becomes even more challenging when you are named as the personal representative of their estate, responsible for managing their belongings, money, and property after they pass away. 

During such an emotional time, handling legal tasks and paperwork can feel overwhelming. At Buckman & Buckman, P.A., we understand your situation and are here to help you navigate the probate process with compassion and expertise.

Key Takeaways:

• Understanding Probate: Probate administration is the legal process of settling a deceased person’s estate by paying off debts and distributing remaining assets to beneficiaries.
• Types of Probate Administration: In Florida, there are three main types of probate administration: Disposition without administration, Summary probate administration, and Formal probate administration.
• Legal Guidance: Our experienced probate attorneys can guide you through the complexities of the probate process, ensuring that all legal requirements are met and your loved one’s estate is handled efficiently.

What Happens to a Person’s Estate When They Die in Florida?

When someone passes away in Florida, their estate includes everything they owned, such as real estate, vehicles, personal property, bank accounts, and investments. They may also leave behind debts, including medical bills, mortgages, and other loans. The process of managing these assets and debts after death depends largely on whether the deceased left a valid will.

Valid Wills and Their Role in Estate Administration

A valid will typically outlines the personal representative responsible for administering the estate and names the beneficiaries who are entitled to inherit the remaining assets after debts and administrative expenses are paid. If the will meets Florida’s legal requirements—being in writing, signed by the person and witnesses, and properly notarized—it will control the distribution of the estate.

However, if the will is vague, appears suspicious, or if there is no will (known as dying “intestate”), Florida law will determine how the estate is administered. In such cases, disputes may arise, and the probate process may become more complex.

Tip: If you suspect that a will is invalid or that there was undue influence in its creation, it’s important to consult with a probate attorney as soon as possible to explore your legal options.

What Is Probate Administration in Florida?

Probate administration is the legal process of settling a deceased person’s estate by paying off their debts and distributing the remaining assets. In Florida, there are three primary types of probate administration:

1. Disposition without Administration: This is a simplified process for small estates with minimal assets and no real estate. It does not require court supervision and is typically used when the estate’s assets are less than the cost of administering the estate.
2. Summary Probate Administration: This process is faster and less expensive than formal probate and is available for smaller estates valued at less than $75,000 or when the person has been deceased for over two years.
3. Formal Probate Administration: This is the standard probate process for larger or more complex estates. It involves court supervision and can take several months or even over a year to complete.

The type of probate administration required depends on factors such as the value of the estate, the existence of a valid will, and the complexity of the assets involved.

Tip: Consulting with an experienced probate attorney can help you determine the most appropriate type of probate administration for your situation.

Steps Involved in Formal Probate Administration

Formal probate administration in Florida is a detailed and often complex process that involves several key steps:

1. Filing the Will: The personal representative must file the will with the court within 10 days of learning about the death. The court will then determine if the will meets Florida’s legal standards. If the will is self-proving (signed by the deceased and witnesses before a notary public), it will be admitted to probate without additional testimony.
2. Petition for Administration: Any interested person, typically someone who is directly affected by the estate’s distribution, can file a petition for formal probate administration. If the will names a personal representative, that individual must be formally appointed by the court.
3. Identifying and Valuing Assets: The personal representative is responsible for identifying and valuing the deceased’s assets, including real estate, bank accounts, and personal property. An accountant or appraiser may be needed to assist with this process.
4. Paying Creditors and Taxes: The personal representative must notify creditors, pay any outstanding debts, and ensure that all necessary taxes are filed and paid.
5. Filing a Final Accounting: The personal representative must file a final accounting with the court, detailing all transactions related to the estate’s assets. This report must be approved by the court before the estate can be closed.
6. Closing the Estate: Once all debts are paid, and the final accounting is approved, the personal representative can file a petition to close the estate and distribute the remaining assets to the beneficiaries.

Tip: The personal representative bears significant responsibility throughout this process. Failure to perform duties effectively can result in legal consequences. It is advisable to seek legal guidance to avoid potential liabilities.

Do You Need a Lawyer for Probate Administration?

Probate administration can be a complex and time-consuming process. Whether you are serving as the personal representative or are a beneficiary with concerns about the administration of the estate, having a knowledgeable probate attorney on your side can make all the difference. A lawyer can help you navigate the legal process, protect your rights, and ensure that the estate is settled in accordance with Florida law.

At Buckman & Buckman, P.A., we have extensive experience handling probate administration cases of all kinds. Our attorneys will guide you through every step, providing the support and expertise you need during this challenging time.

Contact Our Sarasota Probate Attorneys If you need assistance with any legal matter concerning the settling of your loved one’s estate, reach out to the experienced probate administration lawyers at Buckman & Buckman, P.A. We offer a free and confidential consultation at our Sarasota office or at a location convenient for you. Call or contact us online today to learn more.