Probate and Trust Administration Services

What We Do

When someone passes away, their loved ones face complex legal responsibilities while grieving their loss. Whether you're serving as a personal representative of an estate pursuant to a will or trustee of a trust, Florida law requires specific procedures to properly transfer assets to beneficiaries or heirs. We guide you through every step of this process, ensuring you fulfill your legal duties while minimizing stress, delays, and potential liability.

Key Services We Provide

Probate Administration

We represent personal representatives through Florida's probate process from start to finish:

• Filing the initial petition and all required court documents

• Notifying creditors and beneficiaries according to Florida law

• Inventorying and valuing estate assets

• Managing creditor claims and negotiating settlements

• Preparing and filing estate tax returns when required

• Distributing assets to beneficiaries

• Obtaining court approval and closing the estate

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Trust Administration

Serving as trustee carries significant responsibilities. We help trustees properly administer trusts by:

• Interpreting trust documents and explaining trustee duties

• Notifying beneficiaries of their rights under Florida's Trust Code

• Transferring assets into the trust's name

• Managing trust investments and property

• Preparing trust accountings

• Making distributions according to trust terms

• Handling beneficiary questions and concerns

• Terminating trusts when appropriate

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Summary Probate Administration

For smaller estates or those where the decedent passed away more than two years ago, we handle Florida's simplified probate process, which can save significant time and expense while still ensuring proper asset transfer.

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Ancillary Probate

When out-of-state residents own Florida property, we handle the ancillary probate process required to transfer Florida real estate and other local assets to their beneficiaries.

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​Creditor Negotiation & Claims

We protect estates from improper claims while ensuring valid debts are handled appropriately:

• Reviewing and objecting to questionable creditor claims

• Negotiating settlements to preserve estate assets

• Handling mortgage and secured debt issues

• Resolving final medical bills and expenses

• Addressing tax obligations

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Beneficiary Representation

We also represent beneficiaries who need to:

• Understand their rights under a will or trust

• Ensure the personal representative or trustee fulfills their duties

• Challenge improper administration

• Seek information and accountings

• Protect their inheritance from mismanagement

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Dispute Resolution

When conflicts arise, we work to resolve them efficiently:

• Mediating family disputes over asset distribution

• Litigating will and trust contests when necessary

• Handling breach of fiduciary duty claims

• Resolving ambiguities in estate planning documents

• Defending personal representatives and trustees from unfounded claims

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Special Proceedings

In Florida probate, several streamlined procedures exist for different estate-related matters:

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• Petition to Admit Will to Record: This petition is used when no formal or summary administration is required, but the decedent's will needs to be legally recorded. It typically applies when there are no assets requiring probate, but beneficiaries or heirs may still need the will on file for other legal purposes. Under Florida Statutes § 732.901, the original will must be deposited with the clerk of court within 10 days of the decedent’s death.

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• Disposition Without Administration: This is a simplified process available under Florida Statutes § 735.301. It allows for the distribution of a decedent's assets without formal probate when the estate only consists of exempt personal property (such as household items) or non-exempt personal property whose value does not exceed the amount of funeral and medical expenses. This avoids full probate and is typically used for very small estates.

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• Petition to Determine Homestead: This petition, governed by Florida Statutes § 733.608 and Florida Probate Rule 5.405, asks the court to declare a decedent’s residence as protected homestead property. Homestead property is exempt from creditors' claims and passes directly to heirs, ensuring that the family home is preserved.

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Each procedure provides tailored methods to handle estate matters more efficiently within the Florida probate system.  We can assist with these proceedings where appropriate.