Florida Probate

Florida Probate Lawyer

The Florida Probate Process

Florida probate is the court procedure for settling the business and personal affairs of a deceased person by formally proving the validity of a Florida Will and verifying the legal transfer of property to beneficiaries.  Probate may also involve appointing a Personal Representative while supervising the transfer of property to heirs if no Will exists. In sum, a Florida Probate is the legal process whereby a deceased person's estate is administered and distributed.

The two most frequently asked questions relating to probate are related to what assets are included in the Probate estate and how long does a Probate take to administer.

Only assets owned by a decedent in his or her individual name require probate. Assets owned jointly as “tenants by the entirety” with a spouse, or “with rights of survivorship” with a spouse or any other person will pass to the surviving owner without probate. This is also true for assets with designated beneficiaries, such as life insurance, retirement accounts, annuities, and bank accounts and investments designated as “pay on death” or “in trust for” a named beneficiary. Assets held in trust will also avoid probate.

For those Probate estates not required to file a federal estate tax return, the final documents to close a probate are due within 12 months of the opening of the estate by the Court.  An estate is opened upon the issuance of letters of administration by the Court.

For those estate required to file a federal estate tax return, Form 706, which is due nine months after death, the final accounting and papers to close the probate administration are due within 12 months from the date the tax return is due. This date is usually extended by the court because often the IRS' review and acceptance of the estate tax return are not completed within that period.

Probates that do not file a federal estate tax return and that do not involve any lawsuits, often close within five or six months.  If you would like additional information about the Florida Probate Process, please feel free to read our blog, About Florida Probate.  It addresses some of the most frequently asked questions about the Florida probate process.

Topics Related to Florida Probate Law include:

• Trust Administration
• Ancillary Probate
• Post Mortem Estate Planning
• IRS Estate Tax Filings
• Undue Influence and Lack of Capacity claims
• Probate Law
• Wrongful Death Claims
• Debts owed by and to the Decedent
• Locating Heirs
• Sale of Real Property
• Management of Business Interests

If you require the help of an experienced Florida Probate Lawyer, contact Larry Tolchinsky today for a free consultation.

Contact an Experienced Florida Probate Attorney

Contact Larry Tolchinsky to find out how he can help you. You can contact him by phone at 954-458-8655 or by e-mail through this web site to schedule an appointment and learn more about Florida Probate. He offers a free initial consultation.

To learn more about Larry Tolchinsky, click on this link:  Florida Probate Lawyer

Probate Links of Interest:

Florida Probate Statutes

Florida Probate Attorney

Broward County Probate Information