Estate Administration And The Probate Process In South Florida

When a loved one passes, it can be a trying time. Dealing with complications that arise in locating assets and dealing with estate taxes can make a difficult situation even harder. My name is Nelson C. Keshen. As an estate administration and probate attorney, I have decades of experience successfully resolving will and probate-related concerns. Even if your loved one dies without a will, I can provide you with guidance and advice that will make a difficult time easier.

The Role Of A Probate Lawyer In An Estate’s Administration

The probate process often involves making business decisions, tax timing decisions, clearing title to real property and communicating with beneficiaries to avoid misunderstandings and disputes. Even in the absence of well-drafted estate planning documents, I can help you:

• Prepare and file the necessary documents to probate the will
• Determine beneficiaries
• Locate assets and prepare an inventory
• Resolve creditor claims
• Resolve tax issues, whether they be estate tax or income tax issues
• Distribute assets to the beneficiaries

I strongly believe that a probate lawyer is not only there to lend their legal knowledge and guidance but also to treat their clients with compassion and consideration. My goal is to decrease the amount of stress the probate administration process can create while we achieve your legal goals. This also includes making sure everyone understands the process and their rights and obligations.

Understanding Florida’s Probate Process

The probate process in Florida can be complex and emotionally taxing, especially during a time of loss. Probate is the procedure through which a deceased person’s will is validated by the court, and their estate is administered. In Florida, every estate must go through probate to distribute assets to beneficiaries. If there is a valid will in place, the probate court will follow the wishes outlined in the will. Without a will, Florida’s intestacy laws will determine how the assets are distributed.

What Are The Steps To The Probate Process In Florida?

The probate process in Florida typically involves several key steps:

• Filing: The process begins with filing the deceased’s will with the local circuit court and formally appointing an executor or personal representative.
• Notice: Creditors and relevant parties are notified of the death so they may file any claims against the estate.
• Inventory: An inventory of the estate’s assets is created and valued.
• Paying debts and taxes: The estate’s debts, expenses and taxes are paid.
• Distribution: Remaining assets are distributed to the beneficiaries as directed by the will or by state law if there is no will.

As your probate attorney, I will assist you by filing the necessary paperwork, representing you in court and managing the payment of income and estate taxes. I will also help make sure that the distribution of assets is conducted according to the decedent’s wishes or state law. My role is to alleviate the burden on you during this challenging time by handling the legal intricacies with the compassion you deserve. I also provide assistance with administering a testamentary trust created by will and of a revocable living trust.

Ancillary Probate For Snowbirds And Nonresidents With Florida Property

When a nonresident dies owning real estate in Florida, their estate faces ancillary probate proceedings in addition to primary probate in their home state. Ancillary probate is a secondary court process specifically addressing Florida property owned by an out-of-state decedent. This requirement often applies to snowbirds who maintain vacation homes or investment properties in South Florida but reside permanently elsewhere.

Ancillary probate mirrors standard probate procedures but focuses exclusively on Florida assets. Personal representatives appointed in the primary state probate must petition Florida courts for ancillary administration authority. This involves filing authenticated copies of the foreign will, death certificate and letters of administration, along with Florida-specific probate documents. The ancillary proceeding determines proper property transfers, resolves creditor claims against Florida assets and satisfies state tax obligations before distributing property to beneficiaries.

This extra process can create additional costs, extend the settlement timeline and require coordination between multiple jurisdictions. Proactive estate planning through the creation of living trusts or joint ownership arrangements often eliminates ancillary probate requirements entirely.

Frequently Asked Questions About Probate In Miami

Families navigating estate administration and probate in Miami often have similar concerns about legal requirements and processes.

As a Personal Representative, am I required to hire a probate attorney in Florida?

Yes, Florida law mandates that personal representatives retain licensed Florida attorneys for formal probate proceedings. This requirement protects estates and beneficiaries by providing professional legal guidance through complex statutory compliance and fiduciary obligations. The probate attorney represents the estate itself, handling all legal matters from petition filing through final distribution.

How is a surviving spouse’s Elective Share calculated in a Florida probate case?

Florida grants surviving spouses elective share rights, claiming 30 percent of the decedent’s elective estate regardless of will provisions. The elective estate includes probate assets plus certain nonprobate transfers like revocable trust property, joint accounts and assets transferred within one year of death. Spouses must file elective share petitions within six months of receiving formal notice or two years from death, whichever occurs first.

What happens if a loved one dies in Florida without a will (intestate succession)?

Florida’s intestacy statutes determine asset distribution when individuals die without valid wills. Surviving spouses receive entire estates if no surviving descendants exist or if all descendants are also the spouse’s descendants. When the deceased leaves descendants from other relationships, their spouse receives half the estate, with descendants sharing the remainder. Without a surviving spouse, descendants inherit through per stirpes distribution, with more distant relatives inheriting only when no closer relatives survive.

Consult An Experienced Miami Probate And Estate Administration Attorney

Do you need help with the administration of an estate or the probate process in South Florida? I am committed to providing compassionate and efficient legal services to make this process as smooth and straightforward as possible. I am available by appointment. You can reach me by calling 305-517-3577 or by filling out the online contact form to send me a message.