Coral Gables Probate Attorney | The Estate Plan

Our Coral Gables probate attorneys help families settle a loved one’s estate, guide personal representatives through the Florida probate process, and address disputes that can prevent an estate from being distributed and closed. At The Estate Plan, we handle court filings, creditor issues, estate administration requirements, and other legal matters involved in probate, while providing families with clear guidance on what needs to happen next.

Losing someone close to you is difficult enough without having to suddenly navigate court procedures and fiduciary responsibilities. Whether you have been named personal representative, need to determine whether probate is necessary, or are concerned about how an estate is being handled, our attorneys can evaluate the situation and guide you through the appropriate legal process.

Contact our team today to learn more.

 

 

Why Choose The Estate Plan for Your Florida Probate?

Probate is not simply a matter of filing a will with the court and dividing someone’s belongings. Property must be identified, legal requirements satisfied, and creditors addressed, while the person responsible for administering the estate has fiduciary obligations to the interested parties.

Our attorneys at The Estate Plan help families manage those responsibilities from the beginning of probate through the final distribution of the estate. Depending on the circumstances, we can determine which type of probate administration applies, prepare and file court documents, advise the personal representative, address creditor claims, assist with estate property, and complete the steps necessary to close the estate.

We also understand that an otherwise routine administration can become complicated by disagreements over a will, concerns about a fiduciary, or disputes among beneficiaries. When problems arise, our attorneys identify the legal issues involved and help determine the appropriate course of action.

What Is Probate and When Is It Necessary in Florida?

Probate is the court-supervised process used to administer certain property after someone dies. Florida’s Probate Code establishes procedures for admitting a will, appointing a personal representative when required, addressing estate obligations, distributing property, and ultimately closing the estate.

One of the most common misconceptions is that having a will avoids probate. A will does not itself transfer ownership of probate property. Instead, it provides instructions about how that property should be distributed through the estate.

Not every asset necessarily becomes part of the probate estate. Property with a valid beneficiary designation, certain jointly owned property, and assets held in a properly funded trust may transfer outside probate.

Determining what actually belongs to the probate estate is an important first step. Our Coral Gables probate attorneys can review how the decedent owned property and determine which assets require probate administration.

What Happens During the Florida Probate Process?

Florida probate does not look exactly the same for every family. The procedures depend on the estate, the assets involved, the applicable form of administration, and whether disputes arise. Still, most probate matters involve several fundamental stages.

Opening the Estate

The process generally begins by filing the appropriate documents with the probate court. If the decedent left a will, it may need to be admitted to probate. In formal administration, the court appoints a personal representative who receives authority to act on behalf of the estate.

Identifying and Protecting Estate Property

The estate’s assets must then be identified and, when necessary, safeguarded. That could involve bank and investment accounts, real estate, business interests, vehicles, valuable personal property, or other assets.

The personal representative may need to maintain insurance, secure real property, preserve financial records, and take other reasonable measures to protect estate property until it can be properly transferred or distributed.

Addressing Creditors and Estate Obligations

Beneficiaries generally do not receive assets immediately after a death. Valid debts, administrative expenses, taxes when applicable, and properly presented creditor claims may need to be resolved first.

Florida probate law establishes specific procedures for creditor claims. Handling this stage correctly is particularly important because premature distributions can create complications for the estate and the people administering it.

Distributing the Estate

Once applicable obligations have been satisfied, the remaining probate assets can be distributed according to the will or, when there is no valid will, under Florida’s intestacy laws.

Closing Probate

Probate does not end merely because beneficiaries have received property. Required administration tasks and court filings must be completed before the estate can be formally closed and, in a formal administration, the personal representative discharged.

Does an Estate Need Formal or Summary Administration?

Florida provides different procedures for administering estates, including formal administration and summary administration.

Formal administration is the more comprehensive process and involves appointing a personal representative. Florida law treats the personal representative as a fiduciary with a duty to settle and distribute the estate efficiently and consistently with the estate’s best interests.

Summary administration is a streamlined procedure available when statutory requirements are satisfied. Under current Florida law, an estate may qualify when the value of property subject to administration in Florida, after excluding property exempt from creditor claims, does not exceed $150,000, or when the decedent has been dead for more than two years. Other statutory requirements also apply.

An estate’s apparent value alone does not determine which process should be used. Our attorneys can evaluate the property subject to probate, the will, creditor considerations, and other circumstances before recommending the appropriate procedure.

What Does a Personal Representative Have to Do?

A personal representative is much more than the person who distributes inheritances. Under Florida law, a personal representative is a fiduciary responsible for settling and distributing the estate in accordance with the will and the Florida Probate Code while acting in the best interests of interested persons, including creditors.

In practical terms, that can mean gathering and protecting assets, handling required notices, dealing with creditors, maintaining appropriate records, communicating with beneficiaries, making legally appropriate distributions, and completing the steps required to close the estate.

Someone accepting this role may be responsible for property worth hundreds of thousands or even millions of dollars while simultaneously learning an unfamiliar legal process. Our attorneys advise personal representatives throughout probate so they understand what they are authorized to do, what they are required to do, and when to take legal action.

What Happens When Probate Does Not Go Smoothly?

Many estates are administered without serious conflict. Others begin routinely and become contested when family members discover a problem.

The Estate Plan team handles both estate administration and litigation, enabling our attorneys to recognize when an administrative issue has evolved into a dispute that requires a different legal response. Probate issues we can handle include:

A Will Is Challenged

A beneficiary or heir may question whether a will is valid because of undue influence, lack of testamentary capacity, fraud, improper execution, or another recognized legal ground. A will contest can affect who receives estate property and may prevent distributions from proceeding until the dispute is resolved.

Beneficiaries Question the Personal Representative

Beneficiaries sometimes become concerned about unexplained delays, missing information, questionable transactions, or the management of estate property. Not every disagreement indicates misconduct. However, personal representatives owe fiduciary duties, and serious failures can lead to court intervention.

Estate Property Is Disputed

Families may disagree about whether property belonged solely to the decedent, was jointly owned, had already been transferred, or should be included in the probate estate. Resolving ownership issues may be necessary before the estate can be distributed correctly.

Someone Suspects Undue Influence

Unexpected changes to a will or other estate planning documents sometimes raise concerns that another person manipulated the decedent’s decisions.

These cases require careful investigation because an unusual inheritance alone does not prove wrongdoing. Our attorneys can examine the circumstances surrounding the estate plan and determine whether there is a legal basis for challenging it.

What Should Families Do Before Probate Begins?

One of the most useful things a family can do immediately after a death may be to preserve assets rather than distribute.

It can be tempting to begin cleaning out a home, giving sentimental belongings to relatives, closing accounts, paying bills, or dividing property according to everyone’s understanding of the will. Doing so before determining what belongs to the estate and who has legal authority to act can create problems that could have been avoided.

Instead, families should locate the original will and other estate planning documents, preserve financial records, identify known accounts and property, and make sure vulnerable assets are secure. They should also avoid making significant distributions until they understand the applicable probate requirements.

Early legal guidance can establish who has authority to act and what should happen first. That allows the family to move forward without inadvertently creating additional work or disputes.

How Long Does Probate Take in Florida?

There is no universal timeline for completing probate in Florida. A relatively straightforward estate with organized records and cooperative beneficiaries will look very different from an estate involving real estate sales, complicated creditor issues, difficult-to-locate beneficiaries, tax matters, or litigation.

Some probate requirements also involve waiting periods that cannot simply be skipped.

An attorney cannot eliminate every source of delay, but effective probate representation can prevent avoidable ones. Preparing filings correctly, identifying issues early, responding promptly to court requirements, and keeping the administration moving can make an important difference.

Do You Need a Probate Attorney in Florida?

Florida probate involves much more than completing forms. The person administering an estate may be responsible for complying with court procedures while simultaneously managing property, addressing creditors, communicating with beneficiaries, and satisfying fiduciary duties.

Legal guidance is particularly valuable when the estate contains real estate or complex assets, family members disagree, creditors present claims, the original will is missing, or questions arise about the personal representative’s authority.

Even when the estate appears straightforward, speaking with a probate attorney early can help the family determine what procedure applies and avoid taking actions that complicate administration later.

Frequently Asked Questions About Coral Gables Probate

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Can probate begin if the original will cannot be found?

A missing original will can complicate probate, but it does not necessarily mean the estate cannot be administered. Florida law has procedures that may apply to lost or destroyed wills.

The circumstances surrounding the missing document matter, so families facing this situation should obtain legal guidance before assuming a copy will automatically be accepted or that the estate must proceed without a will.

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What happens if someone lived in another state but owned Florida property?

A nonresident who dies owning Florida property may require ancillary administration in Florida in addition to proceedings in the person’s home state. This frequently becomes relevant when someone owned a Florida residence, vacation property, or other real estate while legally domiciled elsewhere.

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Can a beneficiary object to how an estate is being handled?

Yes. Beneficiaries and other interested persons may have legal options when they believe a personal representative is violating fiduciary duties or administering the estate improperly. The appropriate response depends on the alleged conduct and the harm it has caused or could cause the estate.

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What happens to a house during probate?

The answer depends on how the property was titled, who may have rights in it, the estate plan, and the estate’s financial circumstances. Some real estate ultimately passes to beneficiaries, while other property may need to be sold. Florida’s homestead law can also create important considerations, making it especially important to evaluate real property individually.

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Can probate continue when beneficiaries disagree?

Often, yes. Disagreement does not automatically stop an estate from being administered. However, a dispute involving the validity of a will, property ownership, fiduciary misconduct, or another significant legal issue may require court resolution before certain aspects of probate can proceed.

Get Clear Guidance From the Coral Gables Probate Attorneys at The Estate Plan

Losing someone close to you is difficult enough without having to determine Florida probate requirements on your own. Whether you need to open an estate, have been appointed personal representative, are trying to determine what happens to a loved one’s property, or are facing a dispute that is preventing probate from moving forward, experienced legal guidance can give you a clearer path ahead.

The Coral Gables probate attorneys at The Estate Plan can determine what must be done, guide you through the court process, help protect estate property, address problems that arise, and work toward completing the estate as efficiently as circumstances allow.

Contact The Estate Plan team today at (305) 735-2689 to discuss your probate matter.