Probate Lawyer

Thorough Probate Assistance

Probate is the court-supervised process of administering a deceased person’s estate, including validating the will, settling debts, and distributing assets. At Kelley Grant & Tanis, our attorneys are proud members of the Florida Bar and provide expert guidance through Florida’s probate system. We assist families across the state, ensuring a smooth and efficient probate process during challenging times.

Understanding Probate in Florida

The probate process verifies and administers the estate according to the decedent’s will or Florida law if no valid will exists. Probate involves identifying and valuing assets, paying creditors, addressing tax obligations, and distributing remaining assets to heirs or beneficiaries. Timely and professional handling can minimize disputes and expedite estate resolution.

Probate Services We Offer

Our probate attorneys provide comprehensive support, including:

• Formal Administration: Handling complex estates, navigating court proceedings, and managing asset distribution.
• Summary Administration: Streamlining the probate process for smaller estates or when the decedent has been deceased for more than two years.
• Probate Litigation: Representing clients in disputes involving wills, trusts, or probate administration.
• Estate Tax Guidance: Addressing federal and state estate tax obligations efficiently and correctly.

Formal Probate Administration

Formal administration applies to estates requiring extensive court oversight. Our attorneys guide executors through filing paperwork, managing creditors’ claims, and meeting all legal obligations. We ensure compliance with Chapter 733 of the Florida Statutes, streamlining administration and minimizing potential conflicts.

Summary Probate Administration

Summary administration provides a simplified probate option for smaller estates or those deceased over two years. Our attorneys assist in preparing necessary petitions and documentation, expediting asset distribution without lengthy court proceedings, saving time and reducing expenses.

Probate Litigation Representation

Disputes can arise during probate involving contested wills, trust validity, or estate administration concerns. Our experienced litigation attorneys advocate for your interests, resolving disputes efficiently and effectively to protect your rights and the decedent’s true intentions.

Estate Tax Planning and Guidance

Our attorneys advise executors and beneficiaries on potential estate tax obligations, prepare necessary returns, and identify opportunities to minimize tax exposure. Proper tax planning during probate ensures more wealth remains available for heirs.

Benefits of Working with a Probate Attorney

Probate involves detailed legal requirements and processes. Our attorneys offer valuable guidance by:

• Efficient Administration: Ensuring timely, accurate, and compliant handling of estate matters.
• Minimizing Disputes: Proactively addressing potential conflicts among heirs and beneficiaries.
• Tax Management: Providing strategic guidance to reduce estate tax liabilities and maximize asset distribution. 

Probate Lawyer FAQs

How do I begin the probate process in Florida after someone passes away?

Starting probate in Florida involves filing a petition with the circuit court in the county where the deceased lived. The court then appoints a personal representative to manage the estate. Probate ensures debts are settled and property is transferred legally. Our guide on how to start probate in Florida walks you through each step.

What is summary administration and who qualifies for it?

Summary administration is a simplified probate procedure available when the estate’s value is $75,000 or less, or when the decedent has been dead for more than two years. This process avoids the longer timeline of formal administration. It is faster and less costly, but not all estates qualify. Learn more in our blog on summary administration in Florida.

What are the duties of a personal representative in Florida probate?

A personal representative, often called an executor, is responsible for gathering assets, paying valid debts, and distributing property according to the will or state law. This role also includes filing court documents and maintaining records. Because the job carries legal obligations, failure to perform correctly can result in liability. See our article on personal representative duties for details.

What is the difference between probate and non-probate assets?

Probate assets pass through the court process, while non-probate assets transfer automatically. For example, real estate titled solely in the decedent’s name is a probate asset, while life insurance with a named beneficiary is not. Understanding the distinction helps with planning and reduces delays. Our blog on probate vs. non-probate assets explains this in more depth.

How can out-of-state heirs handle a Florida probate case?

Heirs living outside Florida often face challenges when managing an estate here. They may need to work with local attorneys, file documents remotely, or travel for hearings. Florida law allows attorneys to represent out-of-state heirs to reduce burdens. Learn more in our blog on navigating probate from out-of-state.

How long does the Florida probate process usually take?

The timeline depends on the type of probate. Summary administration may take only a few months, while formal administration can last nine months or more. Complex estates, creditor claims, or disputes may extend the process. Planning and legal guidance help reduce delays.

Do all estates have to go through probate in Florida?

No, not every estate requires probate. If all property is held in trusts, joint ownership, or has designated beneficiaries, probate may be avoided. However, many estates still require some form of probate to transfer title or resolve debts. A lawyer can assess which process applies.

Can creditors make claims during probate?

Yes, creditors must be notified when probate begins, and they are given a deadline to submit claims. The personal representative is responsible for reviewing and paying valid debts. If claims are disputed, the court decides whether they should be honored. This step is critical to closing the estate legally.

How does probate affect jointly owned property?

Jointly owned property with rights of survivorship typically avoids probate, as ownership transfers directly to the surviving owner. However, if property is jointly owned without survivorship rights, it may still require probate. Understanding titling is important when planning to minimize probate involvement.

What costs are involved in Florida probate?

Probate costs include court filing fees, attorney’s fees, and costs for notices, appraisals, or accountings. The total varies depending on the estate’s size and complexity. Without planning, these expenses can reduce the value of the estate. Using trusts or beneficiary designations helps reduce costs.

Why should I hire a Florida probate lawyer?

Probate involves strict timelines, required filings, and legal obligations for personal representatives. Mistakes can delay the process or expose you to liability. A probate lawyer ensures compliance with Florida statutes, reduces stress, and helps prevent disputes. Professional guidance protects both heirs and executors.