Probate
Our attorneys have extensive experience in the areas of probate
and trust litigation, including will contests and trust disputes, and
are regularly appointed by the court and other public authorities to
handle sensitive and challenging matters. The Firm represents both professional
fiduciaries and beneficiaries of trusts and estates.
Uncontested Probate
Uncontested probate, unlike other areas of law such as civil litigation
or criminal defense, is a process that seldom requires the attorney
or client to appear in court. Because of this, the work is almost exclusively
done from a distance, either by mail or phone, which saves fees and
costs for the client. As such, I handle uncontested probate proceedings
throughout the state of Florida, and in the very rare instance where
a judge requires my physical presence at a hearing, with the client's
permission I may retain local counsel to attend the hearing to preserve
fees and costs for the client.
Types of Court Proceedings
The following is a brief overview of three types of court proceedings
used in Florida to pass title to a decedent's assets to the decedent's
intended heirs.
• Summary administration
may be had in the administration of either a resident or nonresident
decedent's estate, when it appears:
(1) In a testate estate, that the decedent's will does not direct administrationas
required by chapter 733.
(2) That the value of the entire estate subject to administration in
this state, less the value of property exempt from the claims of creditors,
does not exceed $75,000 or that the decedent has been dead for more
than 2 years.
• Admission of Foreign Will to Record
A nonresident decedent who dies owning real property in Florida and
has a will that is being or has been probated in another state, may
qualify to petition the Florida court to admit the decedent's foreign
will to record. Once the foreign will is admitted to record by order
of the Florida court, the foreign will acts like a deed or muniment
of title in the public records transferring the title to the Florida
real property to the persons named in the will. This special type of
court petition has a very narrow application and should be discussed
with an attorney to determine if it is appropriate for the estate you
are handling.
• Formal administration (Florida
Statutes, Chapter 733)
must be had if the decedent's estate does not qualify for Summary administration
(i.e. the decedent has not been dead for more than 2 years and the decedent's
assets subject to administration in this state exceed $75,000 and/or
the will requires a Formal administration.)
This web site is designed for general information only.
The information presented should not be construed to be formal legal advice
nor the formation of a lawyer/client relationship.
