Probate Administration Lawyer

The term “probate” often brings up very unpleasant connotations in Florida, and it’s easy to see why. Probate is a legal process based on ancient laws and it includes strict requirements for handling someone’s property after they pass away. It’s confusing and time-consuming. If you make a mistake, it can be very costly.

The probate administration process is much easier and less stressful when you work with an experienced attorney during the process. At the Law Office of Cameron H.P. White, P.A., we’ve been guiding families through probate administration for years. We know how to avoid mistakes that can delay the process or lead to liability. 

We can manage many of the tasks on your behalf, leaving you more time to handle the personal and family issues that can be so overwhelming at a time like this. We are never too busy to answer your questions, and we work to ensure you understand your obligations and how to fulfill them with the least amount of difficulty. Quite simply, we want to get through this process so you can move forward.

What is Probate?

In Florida, probate refers to the court-supervised process used to identify the assets that are part of a deceased person’s estate, to ensure that their debts are paid, and to make certain that ultimately, the right people receive the remaining assets in the estate. All the legal requirements that go along with probate are designed to protect creditors, beneficiaries, and heirs. But to take advantage of those protections, those people sometimes need to jump through a few hoops and they often need to wait a while to receive what is owed to them.

Florida law provides for two types of probate processes, known as formal administration and summary administration. It is important to realize that probate only covers assets that are considered to be part of the deceased person’s estate. Some of their property will not be part of the estate and will bypass the probate process.

Property Handled Through Probate

To understand what property makes up someone’s estate, it is easiest to consider the property that is not part of the estate. Assets that the deceased person owned jointly with another person who is still living will not be part of the estate if the joint ownership included a right of survivorship. At the time of death, the property with the joint ownership belongs solely to the other joint owner or owners and it never becomes part of the estate.

Accounts that pass to others through a beneficiary clause or payable-on-death provision also do not become part of the estate. Many retirement accounts, bank accounts, and investment accounts give owners the option of establishing beneficiaries, and then the assets in the account pass directly to those beneficiaries.

If the deceased person placed property in a trust, and there is a beneficiary living, then that property, too, will pass to the beneficiaries without becoming part of the estate.

Everything that does not pass through some other means gets dumped into the estate. That is the property that will need to be administered through the probate process. It could include a house, cars, jewelry, accounts, and all types of personal property.

Tasks to Handled in Probate

During probate, you will need to petition for authority from the court to administer the estate, and then you need to start following the legal requirements. There’s a certain order for paying bills, and creditors must be notified so they have an opportunity to secure their claim.

You will need to prepare and file an inventory, assess and pay bills, appraise and sell property if necessary to cover expenses, calculate and pay taxes, notify potential heirs and beneficiaries, distribute assets in accordance with the will or the laws of intestate succession, and file a final accounting. If you make a mistake, an heir or creditor could sue you for damages.

Get the Help You Need to Succeed in Probate Administration

You don’t have to go through the confusing probate process on your own. Guidance and assistance from the Law Office of Cameron H.P. White, P.A. can turn a full-time legal ordeal into a manageable to-do list. We can handle many tasks directly on your behalf and guide you through the other tasks step by step so that you are never overwhelmed. We work to make the process as efficient and pain-free as possible.

If you’d like to learn more about probate administration and how we could help your family, schedule a consultation or call 904-994-9073.