Probate & Estate Administration in Florida

"Probate" is the legal procedure used to transfer property when someone dies. Basically, you write a will to formalize your intentions for what to do with your property at the time of your death.

Problems can arise in the probate process when a dissatisfied heir seeks an increased share of the decedent's property. They will argue that the deceased was improperly influenced when writing the will, or that he or she was mentally impaired or didn't follow proper legal protocol when the will was drafted.

People basically have the right to leave property to anyone they wish. However, in some situations, a court can override those instructions, awarding property to spouses or creditors. When someone dies, his or her estate must be gathered, managed, and distributed.

The first step in probate proceedings is appointing someone to be responsible for managing the estate, sometimes known as an "executor." This representative can be a person or an organization, such as a bank, and may specifically be mentioned in the will.

After appointment, the executor must document––or take inventory of–– all of the deceased's assets. He or she should inform creditors of the recent death. If the decedent's assets are sufficient, the executor can pay the creditors from the resources of the estate. If the assets are insufficient, the executor can receive court approval to determine what creditors will be paid.

After debts are paid, leftover assets will be distributed per the instructions in the will.

The executor must also file all necessary tax returns, and initiate a lawsuit in the event that the estate is owed money. If the will is contested, or if additional disputes surface concerning distribution of the assets, the executor representative may find it necessary to "defend" the will in probate proceedings.

If the deceased owned very little property, you might avoid the probate process altogether. Most states have a "small estate administration." To qualify, the deceased's assets cannot include real estate and must be worth less than the amount predetermined by the state. Even in a small proceeding, however, the deceased's creditors should be paid from the assets before anything else is distributed.

The process sounds complicated, but the right attorney can help you simplify the steps. Mary Jo Rivero has experience working with a variety of estate planning matters, including the preparation of wills, trusts, durable powers of attorney and advance directives. Please call 1-888-695-2877.

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