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Formal Administration


When a loved one passes away, there is a lot to think about. Not only do you have emotional grief and loss, but close family members must also arrange the funeral, burial, and other immediate proceedings. After all of this, you then have to think about the decedent’s estate – specifically, submitting the will to the probate court and dealing with an estate administration.

Some estates are eligible for a shorter and simpler version of probate called summary administration. However, if the decedent has not been deceased for two years or if the estate is worth more than $75,000, it is likely you will need to go through a formal administration. You should seek help from an experienced Florida probate attorney as soon as possible. Our team works with executor or personal representative to guide them through this often complex and stressful process.

A Simplified Overview of the Probate Process

Formal administration begins with any person with interest in the estate filing a Petition for Administration. Other important documents will also need to be filed with the court, such as the death certificate. If the deceased had a valid last will and testament, it will need to be deposited with the court.
The probate court will review the petitions, and if the will designated a personal representative, the court can issue Letters of Administration which give that individual authority to proceed in this role. If there was no will, the court will appoint someone to serve as the personal representative of the estate.

If no valid will existed, the property in the estate will be distributed in accordance with Florida intestate laws. If there is a will, it should instruct how the estate property should be distributed after debts are settled.

Role of the Personal Representative

The personal representative will have many different duties during the probate process. Some of these may include:

Personal representatives have a huge weight on their shoulders and the highest legal duty during this process – a fiduciary duty. Any mistakes can be costly and can cause delays and complications. Having the right representation and counsel can prevent complications and take the stress out of the equation. We are happy to answer any preliminary questions you may have about your potential probate matter. Call 954-999-9683 today to schedule a consultation.

We Are Here To Help

If you’re browsing this part of our website then you’ve likely lost someone you care about. First and foremost, please accept our deepest condolences. We understand this may be a difficult time for you and are here to help. The Legacy Law Firm has successfully administered estates for almost a decade. If you have any questions about your potential case, please give us a call at 954-999-9683..

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