The probate process
The probate process generally takes six months to a year and a half. The initial stages of the
probate process require gathering all necessary documents, including financial statements of all “probatable assets,” statements of all debts, the will, death certificate, and proof of payment of funeral expenses. Once the necessary documents have been gathered, our office then drafts, executes, and files the necessary documents with the Court. The Court subsequently appoints a personal representative. All known beneficiaries of the estate and all known creditors of the estate are required to be notified during the probate process. The probate can be lengthy, costly, and time-consuming. However, the probate process can be entirely avoided with proper estate planning and implementation.
Types of estate administration
There are two primary types of estate administration in Florida:
Full administration
Summary administration occurs with a value of greater than $75,000. If the will is contested, it will go through formal administration even if the estate value is less than the threshold. Formal administration will also be conducted if no will was present, following Florida’s intestacy laws to determine who will receive the estate assets. Formal administration can take six to twelve months—or longer
Summary administration
Summary administration generally takes less time than formal administration. Summary administration may occur when the estate is valued at less than $75,000. Summary administration may also occur if the decedent passed away more than two years ago
When to hire a lawyer for estate administration
Establishing a proper estate plan helps avoid unnecessary fighting, time-consuming and costly probate court proceedings, and additional burdens placed upon your family members. A comprehensive estate plan functions as a road map for your family, which helps them through a stressful time. A proper estate plan will help avoid family conflict. A proper estate plan will help save time and money by avoiding probate court proceedings, which are not required in Florida. There are many elements to creating an estate plan, and our attorneys at the Law Office of Jason D. Berger, P.A. can help you come up with a plan that accurately expresses your final wishes.
Treasure Coast estate administration attorney
The Law Office of Jason D. Berger, P.A. can help with all aspects of estate planning and estate
administration, including ensuring the probate process (if necessary) runs as smoothly as possible. We work with families throughout the Treasure Coast, from Hobe Sound, Jensen Beach, Port Salerno, Rio, Stuart, Fort Pierce, Port St. Lucie, Vero Beach, Martin, Okeechobee, Indian River, Palm Beach, and St. Lucie counties in establishing comprehensive estate plans.
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