Probate & Trust Administration

Miami-Dade County | Broward County | Palm Beach County

PROBATE ADMINISTRATION

Florida Probate is a court-supervised process for identifying and gathering the decedent’s assets, paying taxes, claims and expenses, and distributing assets to beneficiaries. The Florida Probate Code is found in Chapters 731 through 735 of the Florida Statutes.

There are two types of probate administration under Florida law:

  1. Formal probate administration will typically be required when the Florida decedent has died within the past two years and the decedents property remaining in their sole name has a value in excess of $75,000.00, or a will directs formal administration.
  2. Summary probate administration may be filed when the decedent has been deceased for more than 2 years, was a Florida resident at the time of his or her death, or was a non-resident who owned Florida real estate.

Florida law also establishes a non-administration proceeding called “Disposition of Personal Property Without Administration.”

Probate is necessary in order to transfer assets from the decedent’s individual name to the proper beneficiary of the probate estate. Florida has had probate laws in force since becoming a state in 1845.

Ancillary Proceedings

An Ancillary Administration Proceeding is needed when the decedent is domiciled in one state and owns property in another state.

If you require assistance in determining whether or not you or your loved one may be subject to ancillary proceedings, please contact Law Offices of Mark Bain, P.A., at (954)455-8802, for a consultation.

Beneficiary’s Rights

A beneficiary is an individual or entity to whom a decedent bequeaths real and/or personal property or other assets.  Named beneficiaries have certain rights to the estate and their inheritable assets.

What Is A Personal Representative

Pursuant to Florida law, the personal representative is the person, bank or trust company appointed by the court to administer the estate.

What Are The Duties And Responsibilities of Personal Representatives

The personal representative of the estate is directed by the court to administer the estate pursuant to Florida law.  The personal representative is obligated to:

  • Identify, gather, value and safeguard probate assets.
  • Publish a notice to creditors in a local newspaper authorized to publish legal notices in that county. (Miami-Dade, Broward and Palm Beach Daily Business Review(s) frequently serve this publication requirement in South Florida Probate cases).
  • Conduct a diligent search to locate known or reasonably ascertainable creditors and serve them with notice as potential creditors and give them notice of the time in which they must file their statement of claim with the probate court.
  • Give notice or obtain waivers from doing so from the surviving spouse if any and other beneficiaries or heirs and giving notice of requirements to file any objections relating to the estate.
  • Object to improper claims and defend the estate from such suits.  If determined to owe, pay any such valid debts.
  • File tax returns and pay any taxes which the estate owes or the decedent owed.
  • Employ necessary and appropriate professionals to assist with the estate administration.  Each estate will vary; Some advisors which may be needed include accountants, appraisers and investment advisors.
  • Pay administrative expenses.
  • Distribute statutory amounts or assets to the surviving spouse or family.
  • Distribute the assets to the estate beneficiaries and petition to close the estate.

Family Allowance And Spouse’s Elective Share

To discuss what property is subject to the elective share and what amount may be due to you, contact the Law Offices of Mark Bain, P.A., at (954)455-8802.

A Formal Administration applies to Estates valued at more than $75,000. The determination of whether an Estate requires a Summary Administration or a Formal Administration should be made with the advice of an experienced Florida probate attorney.

If you are a trustee or the beneficiary of a trust and have questions regarding how the Law Offices of Mark Bain, P.A. might be of assistance in your particular circumstance, then please feel free to contact the firm’s office at (954) 455-8802 to schedule a free initial consultation.

Probate litigation involves probate, trust and estate disputes. Our firm helps clients when disputes come up regarding the administration of trusts and estates, such as trust validity, no-contest clauses, breach of trustee fiduciary duties, will and trust contests, statutory disqualification, characterization of property, apportionment of estate taxes, and many other issues.

For questions and further information, please feel free to contact Law Offices of Mark Bain, P.A., at (954)455-8802.

Summary probate administration may be filed when the decedent has been deceased for more than 2 years, was a Florida resident at the time of his or her death, or was a non-resident who owned Florida real estate.

If you need help with a Florida Summary Administration Probate and have an individual or a family member who resided in Florida or had real property in Florida at the time of their death, contact the Law Offices of Mark Bain, P.A. at (954) 455-8802 or email mbain@mbpalaw.com to discuss your situation today.