probate administration

Probate is the legal process by which a deceased person’s assets are collected, liabilities are liquidated, taxes are paid, and property is distributed to heirs, all under the supervision of the probate court.  The legal process of transferring property when someone dies can be complex.  The Law Office of Ellen A. Barnett, P.L. can provide the guidance and assistance necessary to ensure a successful probate administration.  We handle estates of all sizes and complexities, from simple estates valued at less than $100,000 to more complex taxable estates valued in the millions.  

Our firm represents both in-state and out-of-state Personal Representatives and beneficiaries in Florida probate procedures throughout Miami-Dade, Broward, & Palm Beach Counties.  Our Florida probate services include all of the steps necessary to ensure a successful probate administration such as:

 

   - Filing the necessary documentation with the Probate Court to open the estate
   - Obtaining a federal tax ID for the estate
   - Marshalling and valuing the assets and debts of the estate
   - Notifying creditors and other interested parties of the probate action
   - Counseling the Personal Representative on the actions they must take to fulfill their fiduciary duty
   - Payment of outstanding debts and tax obligations
   - Analyze and address Florida homestead related issues
   - Distribute remaining estate assets in accordance with decedent’s Will or Florida intestacy laws
   - Wrap up the estate and file the necessary documentation with the Probate Court to close the estate

Our firm handles all types of Florida probate proceedings including:

Formal Probate Administration – a “full blown” probate proceeding primarily required for larger estates.

Summary Probate Administration – a simplified probate proceeding primarily for smaller estates which offers a quicker and less expensive alternative to formal probate administration.

Ancillary Probate – a separate probate proceeding that is required in the state where the real property is located if its location differs from the decedent’s state of residence.

Probate for Non U.S. Citizens – the probate process can differ depending upon whether the decedent is a nonresident alien or a resident alien.

Elective Share – the elective share statue can provide surviving spouses with 30% of the deceased spouse’s elective estate.  Therefore, the surviving spouse may have the right to elect to receive the Florida elective share rather than the inheritance created by the estate plan.

If you have a probate related matter, or if you have concerns about protecting your inheritance in a Florida probate proceeding, please call the Law Office of Ellen A. Barnett, P.L. at (800) 517-5210 or (954) 960-6880, or complete our "Contact Us" page.