Guiding Your Family Through Probate And Estate Administration
Losing a loved one is never easy, and dealing with probate can feel overwhelming. At The Siegel Law Firm, P.A., we’re a family-run firm that understands how difficult this time can be. That’s why we’re here – to help your family navigate the probate process with compassion and expertise. Whether you’re facing probate in Palm Beach, Martin, St. Lucie or Indian River County, we make sure you understand every step and handle the legal complexities for you.
What Is Probate?
Simply put, probate is the legal process of transferring a person’s assets after they pass away. If they had a last will and testament, their assets will be distributed according to their wishes. If they did not have a will, Florida law determines who inherits through intestate succession (Florida Statute 732).
There are three main types of probate in Florida, and we can help you determine which one applies to your situation:
- Formal Administration
If the estate is larger or more complex, it may require formal administration. This process involves:
- Petitioning the court to open the estate
- Appointing a personal representative (PR) (also called an executor)
- Notifying creditors and resolving any debts
- Accounting for assets and distributing them to beneficiaries
We know that probate can be time-consuming and confusing, which is why we have developed a detailed and streamlined process for handling formal administration. Our approach ensures an efficient and effective administration while keeping our clients informed every step of the way. From start to finish, Jason Siegel and our team work diligently to reduce delays and make the process as smooth as possible.
- Summary Administration
If the estate’s nonexempt assets are valued at less than $75,000 or the decedent passed away more than two years ago, a summary administration may be possible. This is a quicker, more cost-effective option that typically takes one to two months. Exempt assets, such as the decedent’s homestead real estate, are not included in this calculation.
- Disposition Without Administration
For estates with minimal assets (such as covering funeral and medical expenses), Florida offers disposition without administration, which is the simplest form of probate. If you qualify, you may not even need an attorney, but we’re happy to answer any questions.
Questions And Answers About Probate In Florida
The process of probate in Florida can be complex, often introducing a myriad of questions and concerns. Understanding its key aspects can help ease the journey. Below, we address some of the most common questions about the Florida probate process to provide you with clarity and guidance.
What assets must go through probate in Florida?
Assets that are typically subject to probate include those solely in the decedent’s name. Examples to consider include real estate, bank accounts and various forms of personal property. Other nonprobate assets include those held in a trust, jointly owned property or accounts with designated beneficiaries (payable-on-death accounts, etc.).
With proper estate planning guidance, it is possible to minimize the assets that are subject to probate.
How long does the probate process take in Florida?
The probate process usually varies from estate to estate, with the timeline typically depending on the complexity of the estate.
For instance, summary administration for smaller estates may take a few weeks to a few months. In contrast, formal administration, which is required for larger or more complex estates, can take six to 12 months but may extend to 18 months or more if disputes or creditor claims arise.
Factors like court caseload and the need to resolve disputes can significantly impact the timeline.
Is it possible to contest probate in Florida?
Yes, probate can be contested in Florida on specific grounds, such as improper execution of the will, lack of testamentary capacity, undue influence or fraud. To contest probate, an interested party must file a formal objection with the probate court. This process involves presenting evidence and may require legal representation for the most favorable outcome.
How do I find out if I’m named as a beneficiary in a Florida will?
To determine if you stand to inherit from an estate, you can contact the personal representative (executor) or the estate attorney handling the probate.
The beneficiaries of an estate are typically notified within 90 days of the will being submitted to probate. If you are unsure or have not been contacted, you can also check the probate court records in the county where the decedent resided, as wills become public records once filed with the court.
Let Our Family Help Yours
At The Siegel Law Firm, P.A., Jason Siegel, Stephen S. Siegel, and our team are committed to making probate as smooth and stress-free as possible. We understand that probate can feel overwhelming, but with our structured approach and clear communication, we ensure you always know what to expect. Whether you’re in Jupiter, Port St. Lucie, Palm Beach Gardens, Stuart, Palm City, or the surrounding areas, we’re ready to help. Let’s take the next steps together.
📞 Call us today at 561-760-9121 or 772-292-0780 to schedule a consultation.
We also invite you to check out our podcast, “The Probate Pod,” where we break down probate and estate planning in Florida. The Probate Podcast By Jason Siegel Esq. | The Siegel Law Firm, P.A.