ESTATE PLANNING LAW
ESTATE ADMINISTRATION
Your Loved One Has Passed Away. Now What?
First, know that it’s okay to grieve and take the time you need. There is no rush!
When you’re ready, the next steps will largely depend on the extent of your loved one’s estate planning. Did they have a Last Will & Testament? Did they have a Trust? How were their assets titled and who are the beneficiaries? Answering these questions will help determine whether probate and/or trust administration is necessary.
PROBATE ADMINISTRATION
There are several options available through estate planning to reduce the likelihood of probate. If probate is necessary, however, it will generally be either a Formal Administration or Summary Administration based on the circumstances and value of the estate. These are two of the types of court-supervised probate administration proceedings in Florida, and they almost always require attorney involvement.
A third, non-court-supervised administration proceeding in Florida is the Disposition of Personal Property Without Administration (or Disposition Without Administration). This type of probate is designed to not involve attorneys and is available only under limited circumstances.
Trust Administration
One of the estate planning options to reduce the likelihood of probate is to create a Trust. In this situation, the Trustee becomes responsible for managing and distributing the assets according to the terms of the Trust. While an attorney is not required for trust administration, and the courts are not involved, many Trustees find it helpful to hire an attorney in at least an advisory role. An attorney can assist the Trustee in fulfilling their legal obligations and responsibilities as a fiduciary, as well as directly handling some of the proceedings.
We Can Help!
Let our team of experienced professionals partner with you through this stressful season. Although estate administration can be demanding, we can help alleviate the burden by guiding you through the long process, managing the details and deadlines, and completing many of the tasks on your behalf.