Probate

Probate Overview

In Florida, probate is a process in the court system that orders the distribution of certain assets when a person dies.  A personal representative (a.k.a. executor) is charged with handling probate matters and a Florida attorney leads this personal representative through the process.  This process includes recording the last will and testament, petitioning and filing motions with the court, following the court’s probate procedure and obtaining an order from the court.

We can help you through the probate process.  If you have been named personal representative, you may find your responsibilities daunting.  We understand the difficulties that personal representatives face.  Often times, not only are you grieving the loss of a loved one, but you are also now jumping into new financial responsibilities and the process of handling your loved one’s assets.  We pride ourselves in using compassion, patience and knowledge to make your new role of personal representative goes as smoothly as possible.

When might I need Probate Services?

  • A Loved One Passed Away Naming You the Personal Representative:  What are your responsibilities?  What should be your first steps?
  • A Loved One Passed Away without a Last Will and Testament:  This is referred to as dying intestate and assets will be distributed in a probate proceeding according to the laws established for such situations. Who will be the personal representative?  Who will receive the assets?
  • Named a Beneficiary in a Loved One’s Last Will and Testament: How long will it take to gain access to the assets?  What are your rights regarding the distribution of assets?
  • Florida Resident Passed Away with an Out-Of-State Will:  Are your loved one’s assets subject to Florida Probate?  Are the estate planning documents valid in Florida?
  • A Loved One Passed Away Owning Assets in His/Her Name:  How do the beneficiaries transfer the assets to their names?
  • Mistreated Beneficiaries:  What are your rights and options as a beneficiary not receiving my fair share?
  • Complaints about the Personal Representative:  Do you have any recourse against a personal representative who is not fulfilling his/her duties?
  • Probate of Small Estate:  Are your loved one’s assets eligible for a summary probate procedure?  What is a summary probate procedure? Can a summary probate procedure save time and money?
  • Non-Florida Resident Passed Away Owning Florida Real Estate: Are these assets subject to Florida Probate?  What do you need to do to transfer the real estate to you name?
  • Surviving Spouse or Minor Children:  As a surviving spouse, are you entitled to a share of the estate?  Are your minor children entitled to a share of the estate?  As a surviving spouse, do you need to update your estate plan after your spouse passed away?
  • Incapacity:  Now that your loved one has become incapacitated, how do establish his/her right to allow you to make decisions his/her behalf? Once established, to what extent can you his/her decisions?

Contact Steiner Law Offices, PLLC today for help with Probate – Get started now >

Basic Probate Services

Typical probate services include:

  • Recording of the Will of a deceased person
  • Filing for a summary or full probate proceeding of the estate of a deceased person
  • Guiding the personal representative or acting in the capacity of a personal representative overseeing the probate process and distribution of assets
  • Updating deeds for real estate

Additional Probate Services

Certain situations require additional probate services:

  • Homestead of a deceased person
  • Recovering assets discovered after an estate has been settled
  • Guardianship and assets of minors of deceased parents
  • Assets across state lines
  • Estate planning documents from another state
  • Elective Share
  • Contested Probates

Contact Steiner Law Offices, PLLC today for help with Probate – Get started now >