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:
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Formal Administration: Handling complex estates, navigating court proceedings, and managing asset distribution.
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Summary Administration: Streamlining the probate process for smaller estates or when the decedent has been deceased for more than two years.
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Probate Litigation: Representing clients in disputes involving wills, trusts, or probate administration.
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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.
Need help navigating probate in Florida? Call us at 1-877-871-8300 to speak with a lawyer who can guide you through the process.
Benefits of Working with a Probate Attorney
Probate involves detailed legal requirements and processes. Our attorneys offer valuable guidance by:
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Efficient Administration: Ensuring timely, accurate, and compliant handling of estate matters.
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Minimizing Disputes: Proactively addressing potential conflicts among heirs and beneficiaries.
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Tax Management: Providing strategic guidance to reduce estate tax liabilities and maximize asset distribution.
Frequently Asked Questions
What assets go through probate in Florida?
Assets solely owned by the decedent without designated beneficiaries or co-owners typically require probate administration.
How long does probate usually take in Florida?
Formal administration can range from several months to over a year. Summary administration is typically quicker, often completed in weeks or months.
Can probate be avoided in Florida?
Yes, certain estate planning strategies, such as creating trusts, jointly owning property, and beneficiary designations, can bypass probate.
Do I need an attorney for probate in Florida?
While not always required, engaging an attorney ensures compliance with legal requirements, prevents costly errors, and expedites the probate process.
Who can serve as a personal representative?
Florida law allows any competent adult who is a Florida resident or a certain relative, regardless of residence, to serve as a personal representative.
