Compassionate Probate and Trust Administration Services
Losing a loved one is often overwhelming. Our firm provides legal solutions for administration of the deceased’s estate, ensuring that their your wishes are honored. We provide guidance through every step of the process with compassion and clarity.
Client Satisfaction
We prioritize our clients’ needs and strive for excellence in every interaction, ensuring a positive experience.
Community Engagement
We actively participate in local events and initiatives, fostering strong relationships and giving back to the Fort Myers community we serve.
Legal Experience
With over 23 years of experience, our team combines legal knowledge with a client-centered approach to simplify complex legal matters.
Florida Probate and Trust Administration
Do I Need an Attorney?
Florida Probate Rules require a Florida licensed attorney to represent the personal representative of the estate in almost all instances. An estate is testate if there is a will or intestate if the decedent did not have a will. The will usually names the personal representative to administer the estate. A petition may be filed seeking the appointment of a qualified personal representative.
Disposition of Personal Property Without Administration
This type of administration is a non-administrative proceeding. This proceeding is available if estate assets consist solely of exempt property (as defined by law and the Florida Constitution) and non-exempt personal property, the value of which does not exceed the combined total of up to $6,000 in funeral expenses, plus the amount of all reasonable and necessary medical and hospital expenses incurred in the last 60 days of the last illness.
Formal Administration
This type of administration is used when the assets include real estate or other assets that exceed $75,000.00 in value. It is necessary to appoint a personal representative to administer the estate.
Summary Administration
This type of administration is used if the assets that are solely in the decedent’s name do not exceed $75,000.00. This procedure is also used if the decedent has been dead for more than two (2) years or there is a provision for payment of creditors’ claims.
Trust Administration
The administration of a trust after the death of the settlor involves understanding the terms of the trust and taking the actions necessary to fulfil the terms. Trust administration may also require one of the other forms of probate in order to determine the claims of creditors.
What documents do I need to find?
the decedent’s original will and any codicils (additions or changes to the will); any trust document pertaining to decedent; bank account statements; the deceased’s birth, marriage and death certificates, voter registration, drivers’ license or state issued identification and any military identification; any separation agreements, court orders or judgments; and financial papers; and copies of all insurance policies for estate assets.
Can I get into the deceased’s safe deposit box?
Unless you are a co-owner of the safe deposit box, you will not be able to enter the deceased’s safe deposit box. If you believe that the deceased’s last will and testament or other important insurance information is contained in the safe deposit box, there is a special procedure in which you can petition the court to enter the box to inventory the contents and remove the original last will and testament and any original insurance policies. Note: This procedure does not allow you to take anything else from the safe deposit box.
How many death certificates do I need?
Generally speaking you should have at least one long form death certificate and 3-4 short form death certificates. Most institutions will require a short form death certificate and these are easily obtained from the Department of Health. The long form death certificate in Florida contains the deceased’s cause of death which is a protected medical information and the Department of Health will only provide these to family members. Most life insurance companies will require a long form death certificate.
Do I need to pay the deceased’s bills?
The probate process has a procedure to deal with the claims of creditors of the deceased individual. The only bills that will need to be paid throughout the process are those that are essential to the maintenance of an estate asset. For example if the deceased owned a home, it is important to make sure that the electric bill is paid.
Do I need to notify anyone?
You should notify appropriate organizations to prevent fraud, including the social security administration, credit reporting agencies and employers. You should also ensure that all automatic payments are stopped.
Do I need to start Probate immediately?
The decedent’s probate has no real deadline. The self imposed deadline is how quickly you need to have the Estate settled.
What do I do with the original last will and testament of the deceased?
Florida law requires that you deposit the original of the deceased’s last will and testament with the Clerk of Courts for the County in which the deceased resided within 10 days.
Get Your Questions Answered About Probate or Trust Administration Today
Our dedicated team is here to guide you through the complexities of administration of an estate whether through probate or trust administration, ensuring your loved one’s wishes are honored.
Take the first step towards peace of mind and a secure legacy for your loved ones. Contact us for a consultation.