A Florida estate is subject to specific requirements in state law that include probate administration, which is the court process for settling the deceased person’s estate. Based in Englewood, Florida, the law office of Cameron Loh, ESQ PLLC assists personal representatives and families with the probate process, trust administration, and other aspects of estate administration. Our goal is always to assume as much of the burden of completing the legal requirements as possible, to allow you and your family to focus on the bereavement process rather than worrying about the legal process.

Florida Probate Administration

Probate administration is a court process governed by Florida statutes. In the estate of a decedent, some assets must complete the probate process, while other assets in a decedent’s estate may be non-probate assets. Cameron Loh assists families with determining whether a particular estate or assets in the estate must complete a probate process, and which process applies.

Florida has three different kinds of processes for the estate of a deceased person. The nature of the estate and the assets in the estate determine which process is required. The existence of a last will and testament does not affect whether probate is necessary.

Formal Administration is the traditional form of probate, in which the court appoints a personal representative and issues letters of administration. The personal representative has fiduciary duties under Florida law. The personal representative should get assistance from a probate lawyer to ensure that all parts of the process and all legal requirements are properly met.

Summary Administration is an abbreviated form of probate that is available for estates with assets of $75,000 or less, excluding a Florida homestead. A personal representative is not appointed in the summary process. After a petition is filed, the court has the discretion to issue an order releasing the property to beneficiaries named in a last will and testament or to the legal heirs if the deceased person did not have a will.

Disposition of Personal Property Without Administration is the third process that may apply to an estate. Florida does not require probate administration when the assets of the estate are less than the final expenses of the estate, all the assets are exempt from creditor claims, and the decedent did not own any real estate.

The Probate Process

Certain assets in an estate do not go through probate, such as property jointly owned with another person who has a survivorship right, proceeds of a life insurance policy or retirement plan payable to a beneficiary other than the estate, and assets in some types of trusts. Generally, probate assets include anything owned solely in the decedent’s name, except homestead property.

When an estate goes through formal administration, the personal representative must follow a specific process in settling the estate. After the personal representative receives Letters of Administration from the court, the process begins with collecting, inventorying, and protecting the assets in the estate.

Throughout the probate process, the personal representative makes specific filings with the court relating to the estate. Timelines and deadlines apply. The process includes identifying and paying the decedent’s debts and expenses of the estate, including resolving any disputed claims. The personal representative is also responsible for filing required gift and income tax returns for the decedent and the estate and paying any taxes that are due.

The amount of time necessary to complete the probate process depends largely on the nature of the estate and assets, and the extent of property in the estate. For a large estate with complex assets, probate takes longer. Beneficiary disputes along the way can also require additional time. In some cases, the personal representative and their probate lawyer may be able to resolve disputes that arise. In other situations, probate litigation may result.

When all the necessary steps in the process have been completed and any disputes have been resolved, the court will allow the personal representative to distribute the property to the beneficiaries of the estate.

Professional Guidance for Probate and Estate Administration

Cameron Loh provides the full range of support for Florida probate and estate processes to a personal representative or the family of a deceased Florida resident. Even when probate is not required, settling an estate does require completion of specific legal steps. Cameron guides you through whatever process applies to your loved one’s estate under Florida law.

If an estate includes a trust, Cameron also assists with the details of trust administration, which may include assisting the trustee with establishing the trust, transferring assets into the trust, and setting up distribution parameters and mechanisms.

Learn More

We welcome you to contact Cameron Loh to schedule a no-cost, no-obligation consultation to discuss probate and estate administration for your loved one’s estate. We provide exceptional personal service to every client. Our fees for legal services are always reasonable and competitive. In our initial discussion with you, we explain all the details about the fees for the services you wish to consider.