When someone passes away, probate provides the legal process for identifying assets, settling debts, and transferring property to heirs or beneficiaries. In West Palm Beach, Kelley, Grant & Tanis, as members of the Florida Bar Association, support personal representatives and families in meeting court requirements while safeguarding their interests.
Local residents often find probate challenging, whether the estate is straightforward or involves more complex assets. At Kelley, Grant & Tanis, P.A., we work to simplify the process and address any disputes that may arise.
Understanding Probate in Florida
Probate is a court-supervised procedure that confirms the validity of a will, ensures outstanding obligations are handled, and distributes property according to Florida law. The process can vary in difficulty depending on the size of the estate and whether disagreements occur. Without guidance, timelines often stretch longer than necessary. Our attorneys help keep each stage organized so representatives can fulfill their duties with confidence.
Types of Probate
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Formal Administration: Required when an estate involves higher-value property, contested issues, or complex holdings, with detailed oversight from the court.
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Summary Administration: Often available for smaller estates or if the decedent passed away over two years earlier, offering a more streamlined resolution.
Key Steps in the Probate Process
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Filing with the Court: Opening the case with the necessary documents, regardless of the presence of a will.
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Notifying Interested Parties: Creditors and beneficiaries must be informed so they may file claims or objections.
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Inventory and Valuation: Preparing a full accounting of the estate’s property and financial accounts.
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Debt and Tax Resolution: Paying approved obligations, including state and federal taxes.
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Asset Distribution: Transferring remaining property to beneficiaries or heirs according to legal guidelines.
Why Legal Counsel is Important
Probate requires detailed filings and careful attention to deadlines. Our lawyers help with:
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Court Submissions: Drafting and filing petitions, inventories, and accountings correctly.
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Resolving Disputes: Representing clients in matters involving will validity, beneficiary disagreements, or contested claims.
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Managing Assets: Overseeing valuation, accounting, and transfer of property in line with Florida statutes.
Common Challenges
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Will Contests: Heirs may question the validity or terms of a will.
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Creditor Claims: Creditors may submit questionable or excessive demands.
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Unusual Asset Holdings: Complex assets such as business interests or specialized property often require detailed handling.
Frequently Asked Questions
How long does probate take in Florida?
The length of probate depends on whether the estate qualifies for summary administration or requires formal administration. Smaller estates may finish in months, while larger or contested cases often last longer than a year. Legal guidance helps ensure progress continues without unnecessary delay.
Are all assets included in probate?
No. Property with designated beneficiaries, joint ownership, or certain trust assets bypass probate entirely. Knowing which property qualifies helps with effective planning.
What if heirs disagree during probate?
Disputes can slow proceedings significantly. Mediation or legal hearings may be required, but experienced counsel often helps resolve disagreements before they escalate.
Does an updated will make probate easier?
Absolutely. Clear instructions within a valid will help personal representatives complete their responsibilities efficiently and with less conflict among heirs.
What steps can reduce probate issues later?
Creating trusts, reviewing estate plans regularly, and keeping beneficiary information updated are effective ways to avoid common complications. These actions give your heirs a clearer path.
About West Palm Beach, Florida
West Palm Beach, located along Florida’s Atlantic coast, is home to about 120,000 residents. The city is known for its cultural centers like the Kravis Center, outdoor attractions along the Intracoastal Waterway, and a range of residential neighborhoods from downtown condos to historic homes near El Cid. For residents here, planning ahead for probate ensures real estate and other assets transfer smoothly. With thoughtful preparation, families in West Palm Beach can reduce uncertainty and protect what matters most.
