Offering probate to all 67 Florida counties and Brevard County locally, our attorneys can skillfully handle all aspects of the Florida probate. We provide legal representation to local, out-of-state, and international clients, whether formal, summary, ancillary probate, litigation, or asset distribution. Our flexible fee structures cater to various circumstances, including hourly rates and percentage fees for eligible estates. Contact us at 321-206-3603 or schedule a consultation for tailored probate solutions.
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Florida Probate
We help clients navigate the probate process with expert attorneys by their side.
Probate can be overwhelming, but our skilled lawyers are here to guide clients through the probate process. We help clients navigate the legalities with precision and dedication, constantly working to safeguard the interests of our clients.
Our experienced probate lawyers assist clients in validating wills, distributing assets, and resolving estate-related debts and issues. Whether clients are named executors or next of kin, we work hard to alleviate the burden by handling all legal requirements and streamlining the probate process. Our team provides reliable legal advice guided by our real-world experiences and strives for the best possible outcome by working tirelessly to minimize potential disputes and ensure that the testamentary wishes are carried out accurately.
With extensive expertise, our lawyers provide personalized attention, tailored solutions, and clear guidance, and we help clients understand deadlines, gather assets, resolve debts, and distribute assets to beneficiaries efficiently, ensuring compliance with legal regulations. Our deep understanding of Florida probate laws allows us to anticipate potential roadblocks and strategize accordingly to save time and eliminate unnecessary stress for our clients.
At Easler Law, we prioritize professionalism and care in probate administration. Our clients can trust us to navigate the process diligently, allowing them to focus on other matters during this challenging time. With us, you receive legal assistance and a compassionate ally who is genuinely invested in easing your burden, as we believe that the practice of law is not merely a profession but a means to serve and support those in need.
When it comes to probate, clients can trust our experienced probate lawyers to provide the support and guidance needed for a smooth and efficient estate administration. We are committed to delivering a seamless and personalized service, working toward a harmonious resolution to any legal obstacles encountered along the way.
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Formal Probate Administration Summary Probate Administration Ancillary Probate Administration Filing Petitions Personal Representatives Notice to Interested Parties Inventory & Appraisal Probate Litigation Payment of Debts and Expenses Distribution of Assets Closing the Estate Meet with an AttorneyOur attorneys streamline probate wtih expert representation, dispute resolution, and ensuring proper asset distribution.
Formal probate administration refers to a judicial procedure by which a court oversees the distribution of a deceased person's estate to his or her beneficiaries or heirs. This process is necessary when a person passes away with property or assets in their name, which cannot be transferred without court intervention. In such cases, formal probate administration ensures that the deceased's debts are paid off and their assets are distributed according to their will, or if there is no will, as per the intestacy laws.
Probate can often be complex and time-consuming, involving various tasks such as identifying and gathering the decedent’s assets, paying off debts and taxes, and distributing the remaining assets to rightful beneficiaries.
Our attorneys have deep knowledge and expertise in probate law, and they assist clients throughout the formal probate administration, ensuring the process is carried out smoothly and efficiently. Our team handles all the legal and administrative aspects involved, such as filing the necessary paperwork, representing the estate in probate court, and resolving any possible disputes.
We offer professional guidance and advice based on their understanding of the complexities of probate law and ensure that all legal requirements are met, minimizing the risk of disputes or challenges that could delay the administration process, and with our assistance, we ensure that the deceased's wishes are respected, and the estate is settled correctly.
Expert probate help.
Simplify your probate process.
Navigate formal probate with ease.
Efficient probate solutions.
Manage probate smoothly.
Our attorneys expedite summary administration, handling legal paperwork and safeguarding client interests for swift, accurate estate distribution.
Summary probate administration, a streamlined alternative to formal probate, is often used for smaller estates due to its quicker and less costly process. In Florida, for instance, this simplified process is applicable if the estate's value, excluding exempt property, is $75,000 or less or if the decedent passed away over two years ago, and bypassing steps like the appointment of a personal representative and creditor notifications, summary probate is more efficient.
For example, an estate worth $60,000 with no outstanding debts and no will may be eligible for summary probate in Florida, saving beneficiaries time and money. However, it's important to note that despite being simpler, summary probate still involves legal formalities and an understanding of probate laws, highlighting the need for a probate attorney to ensure accurate execution, rights protection, and lawful estate distribution.
Our attorneys play a crucial role in the summary probate process, and we evaluate if an estate is eligible for summary probate, handle all necessary paperwork, and ensure the proper distribution of assets according to state laws. Our experience and legal expertise allow for the process to move forward, working to avoid and minimize delays or complications.
Our probate attorneys are essential in the summary probate process because they provide the legal guidance to navigate the system effectively. We ensure all legal requirements are met, handle potential disputes between beneficiaries, liaise with the court on behalf of the estate, and streamline the process, reducing the burden on the deceased's loved ones during an already difficult time.
Quicker estate distribution.
Navigating summary probate.
ecure accurate summary administration.
Streamline the process with our guidance.
Our attorneys represent out-of-state and international clients with ancillary probate administration.
Ancillary probate is a type of supplementary probate proceeding that becomes necessary when a decedent owns property in a state other than their state of residence at the time of death. For instance, if an individual who was domiciled in California dies owning a vacation home in Florida, the California probate court would handle most of the estate, but an ancillary probate process would also need to be initiated in Florida for the vacation home.
This process requires a representative (usually the executor or administrator of the estate) to file a separate probate action in the other state's court system to transfer ownership of the out-of-state property according to the decedent's will or intestacy laws.
Ancillary probate can often be a complex and time-consuming process, as it involves navigating the probate laws of two states, each with its own rules and regulations, and costs can mount up, too, as separate attorney representation, court fees and other expenses may be needed in each jurisdiction. Therefore, it's often suggested that individuals in multiple states consider estate planning strategies to avoid ancillary probate, such as establishing a revocable living trust, joint ownership, or transfer-on-death deed for the out-of-state property.
At Ealser Law, our attorneys recognize the challenges of out-of-state and international clients who may not be familiar with the local laws and procedures. We provide tailored guidance and advice on navigating the complexities of ancillary probate. We strive to make the process as smooth and efficient as possible, keeping our clients informed and involved at every step.
Our vast experience as probate lawyers enables us to handle a wide range of situations, whether it involves transferring real estate, managing bank accounts, or resolving any disputes that may arise during the process. Our ultimate goal is to help our clients achieve a successful outcome, ensuring the proper distribution of assets in compliance with the applicable laws.
We offer professionalism, expertise, and personalized attention and are committed to providing exceptional service and guiding our clients through the probate process, regardless of their geographic location.
Expert guidance.
Summary administration.
Formal administration.
Efficiently manage out-of-state assets.
Florida ancillary probate.
International ancillary probate.
Our attorneys initiate probate by filing petitions, collaborating with courts and personal representatives.
A probate petition is a formal legal document filed with a probate court to begin settling a deceased person's estate and is typically filed by the nominated personal representative (commonly known as an executor) named in the deceased person's will or, in the absence of a will, by a close relative or other interested party. The probate petition provides the court with essential information about the deceased person, their assets, the proposed personal representative, the intended beneficiaries, and, depending on the jurisdiction, the petition may also include a request for the court to officially appoint the personal representative and validate the deceased person's will. After the petition is filed, the court typically schedules a hearing to determine the legitimacy of the petition and address any objections.
At Easler Law, we understand that our clients may feel overwhelmed when initiating the probate process. That's why our experienced attorneys are here to guide our clients through every step, starting with filing the necessary petitions. When our clients entrust us with their probate cases, we prepare and submit the required legal documents on their behalf. These petitions officially commence the probate proceedings and establish the legal framework for administering the estate.
Our attorneys have extensive knowledge of probate laws and procedures. We collaborate closely with the courts, ensuring that all documentation is filed correctly and complies with the applicable rules and regulations. We strive to expedite the probate process and minimize unnecessary delays or complications by maintaining a strong working relationship with the courts.
Through effective collaboration with personal representatives, our attorneys help gather necessary documents, identify and value assets, pay debts and expenses, and distribute assets to beneficiaries. We provide guidance and expertise to our clients, ensuring they clearly understand their roles and obligations throughout the probate process.
Our clients can trust that their probate cases will be handled with professionalism, efficiency, and attention to detail. We are dedicated to ensuring the probate process is executed smoothly, allowing our clients to focus on other important matters during this challenging time.
Experienced probate attorneys.
Proper probate filings.
Efficient court collaboration.
Thoughtful guidance.
Trustworthy legal representation.
We work with courts to appoint personal representives to oversee the administration of estates.
A personal representative often called an executor or administrator in probate proceedings, is an individual or institution appointed by a court or named in someone's will to administer the decedent's estate. This includes collecting and inventorying the decedent's assets, paying off any debts or taxes, and distributing the remaining assets to the rightful heirs or beneficiaries as dictated by the will or, if there is no will, according to the state's intestacy laws. The personal representative has a fiduciary duty to act in the estate's and its beneficiaries' best interests, ensuring the affairs are managed efficiently, legally, and ethically.
At our law firm, we fully understand the importance of appointing a competent, reliable personal representative (sometimes called an "executor" or "executrix") to handle the intricate matters of a deceased person's estate. Our lawyers aren't just familiar with the law - they dedicate their time and effort to work in unison with the courts to ensure that the appointed personal representative is qualified and uniquely suited for each estate's specific requirements.
We fundamentally believe in a partnership approach emphasizing cooperation with the courts, and success in estate management, in our experience, is born out of this spirit of collaboration. We work closely with the courts and ensure the personal representative has the necessary resources and advice. To empower them to effectively carry out various responsibilities, from assessing the estate's assets to settling any pending debts and taxes and ensuring a fair and precise distribution of remaining assets to the rightful beneficiaries.
We recognize the paramount importance of open communication throughout this process. We make a concerted effort to maintain active communication lines with the courts, enabling us to swiftly and effectively address any concerns or complications that may surface during the estate's administration.
Our firm's seasoned expertise, combined with the vigilant supervision of the courts and changes to state and local rules, gives our clients the assurance they need. Our clients can trust that their loved one's estate will be handled with the highest level of diligence and in strict compliance with the law. But we don't stop at the legalities - we work with a commitment to honor the legacy of the departed, ensuring their wishes and desires are respected and implemented faithfully.
This comprehensive level of care and professional competence provides our clients peace of mind during challenging times. They can take comfort in knowing that the estate of their loved ones is in capable hands while they concentrate on personal healing and remembrance.
Smooth probate administration.
Efficient estate management.
Dependable representation.
Vigilant supervision.
Honored legacies.
Our attorneys provide proper notice to beneficiaries, creditors, and other individuals with potential claims.
A Notice to Interested Parties is a legal document often used in the probate process to inform all relevant parties that a probate proceeding has been initiated and is typically served to all the heirs, devisees (people named in the will), and creditors of the deceased person, and may include information such as the decedent's name, details of the court where the probate proceeding is taking place, and the name of the personal representative or executor.
The purpose of the Notice to Interested Parties is to give all those who might have a stake in the estate an opportunity to assert their rights or objections. For example, creditors can file claims for debts owed to them, and potential heirs or beneficiaries can contest the will's validity if necessary, and depending on the jurisdiction, the notice may be sent directly to the interested parties, published in a local newspaper, or both. It's a crucial part of the probate process, as it ensures fairness and transparency, and it typically must be completed before the estate can be settled.
In line with our commitment to transparent and diligent administration of estates, our attorneys follow a proper procedure to provide proper notice to beneficiaries, creditors, and other parties who might have potential claims. The notification process is a critical aspect of estate administration, and it's crucial to "get it right" legally and ethically.
Our lawyers ensure all beneficiaries named in the will, or those entitled to inherit under state law if there is no will, are appropriately informed. This involves communicating essential information about the estate, the assets involved, the identity of the personal representative, and the general timeline for the administration of the estate. We use the most effective and legally approved methods of communication, such as registered mail or personal service, to ensure that these individuals are duly notified.
As for unknown creditors and others who might have a claim against the estate, the process is somewhat different. Our attorneys use newspapers and other public platforms to publish a 'notice to creditors.' This notice informs potential creditors about the death and provides a window of time, as dictated by state law, during which they may file their claims. We also directly notify known creditors to ensure all estate debts are correctly addressed.
Other individuals who might have potential claims on the estate, such as previous business partners or co-owners of properties, are also duly notified. We perform a thorough investigation to identify any such individuals and provide them with all necessary information about the probate process and how to assert their claims.
This extensive notification process protects the rights of all interested parties and helps avoid potential legal complications. Our attorneys carefully comply with all the stipulated timeframes and legal requirements, ensuring a smooth, efficient, and transparent estate administration.
Diligent communication.
Legal claim mitigation.
Beneficiary and creditor notification.
Timely service.
Future dispute prevention.
Our team works with executors to identify and value assets owned by the estate for payment of expenses, debt, and distributions.
Inventory and appraisal of an estate is a significant step in the probate process, where all the assets owned by the deceased person at the time of their death are identified, cataloged, and valued. The inventory typically includes real estate, personal property (jewelry, furniture, and cars), financial accounts, stocks and bonds, and business interests.
The personal representative or executor of the estate is responsible for making a complete and accurate inventory, and assets are then appraised to determine their fair market value, usually as of the date of the decedent's death, which may require professional appraisers, particularly for items like real estate or valuable personal property.
The inventory and appraisal serve multiple purposes: it forms the basis for calculating any estate taxes that may be due; it informs the court, creditors, and beneficiaries about the estate's assets; and it guides the executor in making decisions about paying debts and distributing assets to the beneficiaries. Once completed, the inventory and appraisal are typically filed with the probate court as a matter of public record.
Identifying and valuing assets within an estate is a central part of the personal representative's role, and our attorneys are well-equipped to provide detailed guidance and support throughout this critical task.
Our probate attorneys work alongside the personal representative to compile a comprehensive inventory of the deceased's assets. This could include real estate properties, stocks, bank accounts, personal belongings, and other tangible and intangible assets. We utilize various resources, from financial statements to tax returns and personal letters, to ensure assets are not overlooked.
Once the assets are identified, we move to the valuation phase. Our team assists the personal representative in determining the fair market value of the assets at the time of the decedent's death, which may require professional appraisals for certain assets like real estate or valuable artwork. We have a network of reliable professionals to conduct these appraisals, ensuring an accurate valuation.
This comprehensive process, from asset identification to distribution, requires a deep understanding of the law and a meticulous, organized approach. Our team provides this expertise and guidance, ensuring the executor can fulfill their duties confidently and correctly.
Asset discovery and documentation.
Precise and fair evaluation.
Debt and expense management.
Optimized asset distribution.
Legal guidance and support.
Our experienced and battle-tested probate litigators resolve conflicts and protect clients' interests.
Probate litigation refers to legal disputes that arise during the probate process, the legal process used to distribute a deceased person's assets. Probate disputes can involve a wide range of issues related to the decedent's estate, such as the validity of the will, interpretation of the will's terms, allegations of undue influence or fraud, claims of a personal representative's or executor's misconduct, or disagreements among beneficiaries about asset distribution.
For example, a potential beneficiary may claim that the will was signed under duress or that the decedent lacked mental capacity at the time the will was made, leading to a will contest, or beneficiaries might argue about how the executor is managing the estate, which could lead to fiduciary litigation.
Probate litigation can be complex and emotionally draining, often involving family conflicts and high financial stakes, and most often requires attorneys specializing in probate or estate law and, depending on the circumstances, may require formal proceedings in a probate court. However, due to the potential costs and delays involved, probate litigation is generally seen as a last resort, used only when disputes cannot be resolved through negotiation or mediation.
When probate litigation is necessary, our battle-tested probate litigators are committed to safeguarding the interests of our clients. They utilize their extensive legal knowledge and experience to address and resolve conflicts that may arise during the probate process.
Often, conflicts may emerge over the interpretation of a will or the distribution of assets. In such instances, our attorneys employ their deep understanding of probate law to analyze the situation and offer sound advice to our clients. They work diligently to negotiate and mediate between parties to reach a peaceful resolution, always keeping our client's interests at the forefront.
When amicable resolutions are impossible, our litigators are fully prepared to protect our client's rights and interests in court. Our litigation skills and nuanced understanding of estate law make us formidable in litigation proceedings. Our attorneys meticulously prepare for each case, compiling compelling evidence and formulating persuasive arguments to present.
Our attorneys scrutinize all claims against the estate to ensure their legitimacy. In cases of dubious claims, we actively contest them, ensuring the estate's assets are protected from fraudulent or exaggerated claims.
Our team also safeguards our clients' interests in situations involving allegations of personal representative misconduct. We guide personal representatives in their duties and responsibilities to avoid any breach of fiduciary duty and defend them robustly if allegations arise.
Our probate litigators are committed to ensuring a fair and transparent process for our clients. Whether the conflict involves asset distribution, creditor claims, or executor actions, we strive to protect our client's interests, ensuring their peace of mind during the complex probate process.
Probate litigation experience.
Conflict resolution expertise.
Zealous client advocacy.
Effective litigation strategy.
Track record of success.
Our attorneys work with personal representatives to identify and pay valid debts.
The process of paying debts and expenses during probate begins with identifying all debts and liabilities owed by the decedent at the time of death and is typically done by the personal representative or executor of the estate, who is responsible for notifying all creditors of the decedent's passing, often through a public notice in a local newspaper.
Once all debts and claims have been identified, they are reviewed and validated by the executor, which may involve checking details of the debts or liaising with creditors to confirm the amounts owed, and the executor is responsible for using the estate assets to pay off these liabilities.
In some cases, if the estate does not have enough liquid assets to cover the debts, selling assets, such as real estate or personal property, may be necessary to generate the needed funds. Once all the valid debts are settled, the remaining assets can be distributed to the beneficiaries according to the terms of the will, or if there is no will, according to state intestacy laws. It's important to note that all of this is done under the probate court's supervision to ensure fairness and transparency.
At Easler Law, we understand that identifying and paying valid debts is a critical task for personal representatives, and our team of attorneys provides comprehensive guidance and support throughout this critical step in estate administration.
Our attorneys work closely with the personal representative to identify the deceased's potential debts and liabilities. This could include mortgages, credit card balances, medical bills, or other outstanding personal loans at death. We thoroughly review the decedent's records, financial documents, and correspondences to ensure all debts are accounted for.
Once the debts have been identified, the next step is to validate these obligations. Not all claims against the estate are valid, and our attorneys diligently scrutinize every claim for legitimacy. This may involve direct contact with creditors, reviewing contractual agreements, or investigating the timing and nature of the debts.
Following validation, our team assists the personal representative in prioritizing and settling these debts. According to probate laws, certain debts, such as funeral expenses or taxes, may take precedence over others. We provide clear guidance on these payment priorities, ensuring that the personal representative acts following the law.
Throughout this process, our attorneys also work to safeguard the interests of the estate and its beneficiaries. We take every step to challenge any suspect or fraudulent claims, protecting the estate from unnecessary depletion.
Handling debts can be one of the most complex estate management aspects. Our experienced attorneys simplify this process, providing the personal representative with the legal expertise and support to navigate this crucial duty, ensuring all valid debts are paid promptly and legally.
Identify and manage debts.
Pay timely debts.
Safeguard the estate.
Uphold fiscal responsibility.
Protect beneficiary interests.
Our attorneys work with the personal representative to distribute any remaining assets to the beneficiaries according to a will or Florida law.
Distribution of assets refers to the final step in the probate process, where the remaining assets of a deceased person's estate are transferred to the beneficiaries and are only done after all debts, taxes, and expenses have been with the executor or personal representative of the estate is then responsible for distributing the remaining assets following the deceased's will.
If the deceased did not leave a will, the assets are distributed according to the intestacy laws. These laws generally prioritize spouses, children, and other close relatives.
The process of distribution can involve transferring the title of properties, disbursing funds from bank accounts, and distributing personal items as directed in the will or by the law, an must be done in a manner that is in the best interest of the beneficiaries, and any mismanagement or inappropriate distribution can lead to legal consequences for the executor.
Once all valid debts and obligations of the estate have been settled, the remaining task for the personal representative is to distribute the remaining assets to the beneficiaries. Our attorneys play a vital role in guiding the personal representative through this final but crucial stage of estate administration.
If there's a will, it typically outlines how the decedent desired to distribute their assets. Our attorneys thoroughly review the terms of the will with the personal representative, providing a clear understanding of its instructions, and assist in interpreting any complex language or ambiguous terms to ensure that the personal representative can accurately carry out the decedent's wishes.
In instances where there is no will, the distribution of assets falls under Florida's intestacy laws. Our attorneys understand these laws, which typically distribute assets to the closest living relatives, such as a surviving spouse, children, or parents. We guide the personal representative on distributing assets legally and fairly without a will.
The actual asset distribution process can vary depending on the type of asset involved. For instance, financial assets may need to be liquidated, real estate may need to be transferred, and personal property may need to be physically moved. Our attorneys work alongside the personal representative, advising and assisting in these varied tasks.
The distribution of assets is a process that requires both sensitivity and a keen understanding of the law. Our attorneys combine these qualities, providing invaluable support to personal representatives in their important role and ensuring a smooth and efficient distribution process that respects the decedent's wishes and Florida law.
Accurate asset distribution.
Compliance with Florida law.
Efficient asset transfer.
Adherence to wills and wishes.
Personal representative guidance.
We help personal representatives file a final accounting and a petition for discharge or probate.
Closing the estate is the final phase of the probate process after all debts and taxes have been paid and the remaining assets have been distributed to the beneficiaries, which involves the personal representative or executor preparing a final accounting, which details all the financial transactions that have taken place during the probate process.
The final accounting typically includes the value of the estate at the time of the decedent's death, the payments made for debts and expenses, the assets distributed to the beneficiaries, and any assets remaining in the estate. This accounting is usually presented to the probate court and the beneficiaries for approval.
Once the final accounting has been approved, the executor can file a petition to close the estate, and if the court is satisfied that all duties have been fulfilled, and no disputes remain, it will issue an order to close the estate, thereby relieving the executor of their duties. This formally ends the probate process, and the executor is no longer responsible for managing the decedent's affairs.
Our attorneys are critical in guiding and assisting personal representatives throughout the closing of probate administration. We help prepare a final accounting, which involves recording all the estate's income and payments, which can become complex, especially for larger estates. Our attorney's expertise ensures the final accounting is accurate, complete, and compliant with legal requirements.
We also assist with distributing the estate's assets to the beneficiaries, which must align with the specifications in the decedent's will or, in the absence of a will, conform to state intestacy laws. Our attorneys help prepare and file all necessary documents, advise the personal representative on their responsibilities, and ensure that all legal procedures are accurately followed.
When it comes to closing the estate formally, our probate attorneys prepare and file the necessary petition with the probate court, which typically includes the final accounting and an assertion that all debts, taxes, and bequests have been adequately addressed.
Our team offers invaluable legal advice throughout the probate process, helping personal representatives navigate potential issues or disputes and make informed decisions.
Efficient resolution.
Final accounting assistance.
Skillful drafting and filing of petitions.
Final questions answered.
Efficient and proper estate closure.
Our Practice Areas
Our talented and experienced attorneys and team members come from diverse backgrounds, but we share a common belief in doing right by those that entrust us with their legal matters. At Easler Law, we bring real-world experience to the table, we will critically think for you, we will do the work right, and we will never make excuses.
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