Experienced Probate Attorney In Stuart

At the Stuart, Florida, office of Bostwick & Fields PA, our attorneys have helped individuals and families across Florida with all aspects of the probate process. It is important for our clients to get answers to their questions, including “what is probate” and how the probate process may be avoided.

What Is Probate Under Florida Law?

Probate is the process in which a deceased person’s assets pass on to his or her heirs. Although probate is generally an orderly process, many people want to take steps to avoid passing their assets through probate. There are a number of steps you can take if you want your assets to be passed on to your heirs without going through probate.

There are many ways to pass assets to your intended beneficiaries without having to go through probate. It is possible to place all of your assets in a revocable trust. There are other ways to avoid probate, such as payable on death accounts. These accounts are also referred to as transfer on death accounts or in trust for accounts. Establishing joint ownership can at least postpone the probate process. We can advise you on the advantages and disadvantages of various probate avoidance strategies.

Guidance For Personal Representatives

If you have been named the personal representative of an estate, you must perform a number of duties, such as

• Determining which assets are part of the estate
• Locating creditors
• Paying creditors and any unpaid taxes
• Distributing assets to heirs

An attorney is almost always necessary to ensure that these duties are accomplished. I have represented numerous personal representatives. I know where to look and what questions to ask. I will gather the information you need and help you fulfill your obligations.

How Does Probate Work In Florida?

Probate is the court-supervised process used to identify estate assets, pay valid debts and transfer remaining property to the correct beneficiaries. We help you determine whether probate is required by reviewing various eligibility criteria, such as how each asset was titled or the existence of beneficiary designations. 

The basic probate process usually follows these steps:

• Determining whether probate is required
• Filing the petition in the proper county
• Asking the court to appoint the personal representative
• Providing notice to creditors and beneficiaries
• Inventorying and valuing estate assets
• Paying valid debts, expenses and taxes
• Distributing the remaining property and closing the estate

The personal representative has legal duties throughout the case. Because errors can delay distributions or create disputes, working with an attorney can help you move through the process with fewer avoidable complications. 

How Long Does Probate Take In Florida?

The probate timeline depends on: 

• The type of administration
• The estate’s assets
• Creditor issues
• If anyone contests the will

Formal administration takes about 6 to 12 months when the estate is uncontested and the required filings are handled correctly. More complex estates can take longer, especially when there are real estate issues like creditor disputes or disagreements among family members.

Some estates may qualify for summary administration, which is shorter. However, not every estate qualifies. Our lawyers can review the value of the estate, the date of death and the type of property involved before determining whether a faster option may be available.

Probate is not only about waiting for the court. It also requires: 

• Timely notice
• Accurate asset information
• Creditor review
• Proper final distribution

We help you understand the expected timeline early so you can plan realistically and avoid unnecessary delays.

What Is Ancillary Probate For Out-Of-State Residents?

Ancillary probate may be required when someone lived outside Florida but owned property in Florida at the time of death. This often affects seasonal residents, commonly called snowbirds, who own a condo, vacation home, rental property, vacant land or another Florida asset.

The main probate case may happen in the person’s home state, but Florida property requires a separate Florida proceeding before it can be sold or transferred. For example, if your parent lived in New York but owned a home in Stuart, your family may need ancillary probate in Florida to address that property. 

Our attorney can help out-of-state families understand what must be filed, where the case belongs and how Florida property can be transferred correctly. 

Contact Our Lawyers To Discuss How To Probate An Estate

Call locally at 772-600-4203 to get in touch with our office. We can also be reached through our online contact form. We offer reasonable rates and are a member of the AARP Legal Services Network.