Probate Administration

Probate is the process used by the court to transfer assets in a person's name to their heirs upon death. In some states, it is called the Surrogate's Court and in others, like Florida, it is called the Probate Division of the Circuit or Civil Court.

Understanding Probate Administration in Florida

Navigating the estate administration process can be particularly challenging for families in areas like Miami, Orlando, and Tampa. Local government entities, such as Florida Courts Help and the local Clerk of Court, provide resources that can help guide you through the complexities of probate. However, many residents find themselves overwhelmed by the legal jargon and procedural requirements involved in transferring assets after a loved one’s passing.

One common pain point for families in our community is the lengthy and often costly probate process. With the average probate case taking anywhere from 6 to 9 months, families may face financial strain and emotional stress during this time. Additionally, the potential for disputes among heirs can complicate matters further, leading to delays and increased legal fees. Understanding how to effectively manage these challenges is crucial for ensuring a smoother transition of assets.

We recognize that each family’s situation is unique, and we are here to help you navigate the estate administration process with compassion and understanding. Whether you are dealing with a straightforward estate or a more complex situation involving contested wills, our team is knowledgeable about the local laws and can provide guidance tailored to your specific needs. By utilizing local resources and understanding the nuances of Florida probate law, we can help you minimize complications and protect your family's interests.

Learn more about how we can help with your probate needs by calling (561) 953-1050 or contacting us online!

When Do Assets Go Through Probate?

Only assets held individually, without a designated payable on-death beneficiary, go through probate. For example — life insurance in your children's name would not go through probate at your death. Another example is a bank account with payable on-death beneficiaries.

Can You Avoid Probate if You Have a Will?

It is very important to note that probate cannot be avoided simply by having a will. Probatable assets in a will still go through probate. However, they pass to the people whom you have designated as proper beneficiaries. If there is no will, then the probatable assets will pass according to the state law.

When the assets pass by state law it is called intestacy. Generally, designated beneficiaries in wills and joint owners with rights of survivorship and trusts can avoid intestacy. Probate should be avoided, if possible, since the court process can be lengthy and expensive. It also opens your life up to the court. While many documents are not necessarily made public, they are part of the court file to be seen by judges, clerks, family members, and anyone else who finds a way to gain access.

Learn More About Probate

Read more about the specific topics on probate below. If you have any more questions on the topic, don't hesitate to contact our offices.

• Probate Process
• Types of Probate
• Advantages and Disadvantages of Probate
• Probate Jurisdiction
• Ancillary Probate
• Probate Litigation
• Avoiding Probate
• Review of Estate Plan

Contact us at (561) 953-1050 today for expert Asset Protection guidance!

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