Serving All of Broward County.
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| Probate is a court supervised process of distributing property as directed in a will or in accordance with the law if no will exists. Since there is court supervision of the entire process, the heirs/beneficiaries can be assured of a full and fair valuation and distribution of the estate. Probate is necessary whenever a deceased person leaves titled assets in their name alone. Our concern for the wishes of decedents and trust grantors, together with our sensitivity to the needs of heirs and beneficiaries, is the cornerstone of our probate practice. We regularly handle Florida Probate cases all over Florida and work with out-of-state personal representatives, beneficiaries, and relatives to settle Florida estates. We can assist you with the following:
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| Florida Probate Administration The executor of a Last Will and Testament, also called the personal representative, is responsible for the administration of the decedent's probate estate. That process includes collecting the decedent's assets, paying any debts or taxes owed, filing the decedent's final tax returns and inventory, distributing the remaining assets in accordance with the provisions of the will, and notifying companies that need to know about the death. If the decedent created a Trust then the trustee is responsible for implementing the terms of the trust and filing a Notice of Trust with the court. In Florida the types of Probate procedures are:
If a death occurs, the firm will assist the personal representative, family and beneficiaries with compassion and sensitivity. The firm is involved in all aspects of estate and trust administration. We represent individual clients and corporate fiduciaries in the probate process which typically includes admitting the will, qualifying the fiduciaries, tax planning (including post-mortem planning) and preparing inventories and accountings, collecting assets, notifying creditors and paying debts. We will also make sure that the appropriate tax returns are filed, that taxes are promptly paid and finally, that the balance of the estate assets are distributed to all beneficiaries with care and understanding. Estate Settlement Even if an estate does not require a probate administration, all estates must be settled. There are still documents to be filed, debts and taxes to be paid and assets to be distributed. Estate Administration is the process by which a decedent's total estate, which includes both probate and non-probate assets, is settled. Probate assets are properties that were owned by the decedent that were not owned "jointly" with survivorship rights by another. Non-probate assets are property held in a revocable trust, joint assets, life insurance policies, retirement accounts, annuities, homestead property, automobiles, boats, etc. Some assets do not go through probate but are considered part of the estate for federal estate tax purposes, therefore if an estate is taxable, a Form 706 must be filed. Real estate, on the other hand, almost always requires some sort of probate or other legal steps to be taken after the owner dies. This is because title to real estate is based upon a "chain of title" in the county records, and title insurers want to be sure exactly who inherited the property without requiring an order of probate court. |
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