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Probate And Trust Administration Lawyer in Boca Raton

The Siegel Law Group, P.A. in Boca Raton, Florida helps personal representatives and trustees move through the Probate & Trust Administration process smoothly, efficiently and in compliance with state law.

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  1. Probate and Trust Administration Attorneys in Boca Raton, Florida
  2. Key Takeaways Regarding Probate & Trust Administration in Florida

Probate and Trust Administration Attorneys in Boca Raton, Florida

Dealing with the death of a family member or another loved one can be fraught with sorrow, anger and other intense emotions. If you’re the designated personal representative (also known as the executor) in the decedent’s Will, moving through the Probate process in accordance with Florida Probate law adds another layer of stress to an already difficult time. If a loved one has passed away and left assets behind, you will likely need Probate, which state law requires in all but the smallest Estates. It is wise to coordinate with an experienced Florida Estate Planning attorney to approach questions regarding Probate & Trust Administration.

When a person dies with a Trust, that Trust must go through the process of Trust Administration. With the help of a licensed attorney, the trustee must administer the Trust in the best interest of the beneficiaries, according to Florida state law and the terms of the Trust.

At The Siegel Law Group, P.A. our Probate attorneys, Trust Administration attorneys and legal team counsel executors and administrators of Estates. Regardless of the complexity of the Estate, we can advise and guide you through the administration process, drawing upon over 22 years of experience and our profound knowledge of Estate Planning, Probate law and Trust Administration.

Our attorneys have successfully represented clients throughout South Florida. Don’t wait on these time-sensitive issues. We’d be honored to help you through Probate and Trust Administration. Contact us today to schedule a free consultation.

For a free legal consultation with a Estate Planning lawyer serving Boca Raton, call 561-955-8515

Key Takeaways Regarding Probate & Trust Administration in Florida

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What Is Probate?

Probate is the legal process that governs estate administration for a deceased person, known as the decedent. The Probate process legally transfers the deceased person’s assets to the beneficiaries named in their Will. Creditors and potential creditors have an opportunity to file a claim against the decedent’s estate through the Probate process.

When a person dies with a legally sound Will created without undue influence, asset distribution follows the terms outlined in the Will. However, when a person dies without a Will, (referred to as dying intestate), a Petition for the Administration of the Estate is filed. The Probate Court then appoints an individual to serve as the executor or personal representative. In this case, Florida intestate succession laws determine the asset distribution to proper beneficiaries, which may or may not align with the decedent’s wishes. During the Florida Probate process, a judge must approve the Will and accompanying legal documents.

Why Choose The Siegel Law Group, P.A., P.A

Why Choose Siegel Law | Boca Raton Estate Planning Attorney | Call 561-955-8515

Our goal at The Siegel Law Group, P.A. is to help our clients and their families have better futures by addressing Elder Law concerns, preparing for life’s challenges through comprehensive Estate Planning and guiding personal representatives through the Probate process in Florida. We offer personalized solutions tailored to your needs while protecting your family’s legacy.

You can rely on our team to be here for you and by your side in the protection of your assets and interests:

  • We often work with the family members of an elder seeking comprehensive planning for care, protection of assets and related considerations such as protection and distribution of assets in circumstances such as Probate.
  • We take the important extra step of funding your Trust with your intended assets when we create your Trust, and we also routinely remind you in case you may have additional assets to fund.
  • We do a review of your Estate Plan with you every three years, discussing any changes in relationships, finances or laws that may affect your plans or intentions.
  • We educate our clients on bloodline planning to ensure children are in line for your assets when appropriate, preventing your assets from potentially being lost in divorces or blended family scenarios.
  • Our firm conducts free post-death consultation and successor seminars to guide your family through the full process.

With over 22 years of experience, our esteemed Florida firm guides you through each step of the Estate Planning process and tailors a plan that prepares for your concerns, your needs and a legacy for your family. Hablamos español.

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Estate Planning Attorneys in Boca Raton | Call 561-955-8515
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Questions or Schedule An Appointment, Click To Contact Us: (561) 559-6232

How Long Does Probate Take in Florida?

The duration of the Probate process varies, depending on the complexity of the Estate and the specific circumstances. For simpler Estates, Probate can potentially conclude within four to 12 months, while more complex Estates may take up to two or more years.

In Formal Administration Probate cases, all claims must be filed within three months of the initial publication of Notice to Creditors in a newspaper published in the county where the Estate is administered—or if there is no newspaper in the county, in a newspaper of general circulation in the county—once a week for two consecutive weeks. Under Formal Administration, a Florida Court supervises all aspects of the Probate process, which can contribute to a minimum timeline of six months and often up to 18 months for completion.

The executor must follow specific notices and wait periods before moving forward. In addition to giving creditors time to make claims, the Court must hear any disputes an individual raises concerning the Will. Once all proper notices and waiting periods have expired, the executor can distribute the decedent’s assets to the beneficiaries and officially close the Estate.

Florida Requirements for the Personal Representative — The Executor of a Will

An adult named as the executor in the decedent’s Will must, according to Florida state law:

  • Be mentally and physically capable
  • Be at least 18 years old
  • Be a resident of Florida or related to the decedent by blood, marriage or adoption
  • Must NOT be a convicted felon

The Duties of a Personal Representative / Executor

Being an executor is an enormous responsibility that includes:

  • Preparing for Probate by filing a petition with Probate Court
  • Inventorying the decedent’s assets and properties
  • Contacting the decedent’s creditors to settle debts or obligations
  • Notifying billers about the decedent’s death and impending Probate
  • Paying Estate and income taxes, as applicable
  • Dividing and distributing the assets to family members, heirs and beneficiaries according to the decedent’s instructions

If the decedent had minor children, the Will could name a guardian if the other parent is also deceased. Because Florida is a common law property state, even if there is a Will, a surviving spouse has a right to a certain share of the property.

Seeking the assistance of a seasoned Probate attorney can ease the burden and help you move through the process smoothly and efficiently.

Four Types of Florida Probate

Florida Courts determine the type of Probate, depending on the Estate’s size and the length of time the person has been deceased. Formal Administration and Summary Administration are the two common types of Probate.

Do I Need a Florida Probate Attorney?

Although hiring a Probate lawyer is only required for Formal Administration, the Probate process can feel overwhelming and difficult to navigate, regardless of the type. A knowledgeable and experienced Probate attorney understands the applicable laws and the Probate Court process. Working with a Probate attorney, you can:

  • Move through the Probate process smoothly
  • Manage the Estate’s finances
  • Determine and pay the Estate’s final tax return, final bills and other liabilities
  • Organize Estate assets and allocate shares to beneficiaries

Furthermore, your attorney’s experience becomes invaluable when unforeseen circumstances and issues inevitably arise after the executor files the petition with the Probate Court. For example, if the decedent left outstanding obligations requiring payment or if multiple creditors claim payments from the Estate, your Probate attorney can help you assess and resolve the circumstances.

Is There a Way to Avoid Probate in Florida?

Because Probate can be a time-consuming and expensive hassle, many people seek to avoid it. Creating a Living Trust and transferring properties in the name of that Trust is one legal option because Trust Assets do not have to undergo Probate. Upon your death, your appointed trustee begins making distributions of the assets according to your desires.

Establishing a Trust can avoid Probate and its inherent challenges and costs. Consult an experienced Estate Planning attorney with extensive knowledge of Florida Estate Law to create Estate Planning documents tailored to your specific circumstances and goals. Engaging in the Estate Planning process now will offer protection for your loved ones and peace of mind for you.

The Siegel Law Group, P.A. Can Help with the Following Probate Matters

  • Representation of executors/personal representatives
  • Assistance with disputes of beneficiaries
  • Working with accountants and financial advisors
  • Preparing, filing and recording the required legal documents
  • Settling cases with no Wills
  • Guidance in retitling assets
  • Distributing assets to Estate beneficiaries
  • Securing appraisals
  • Meeting all legal deadlines

Trust Administration

When a loved one dies having set up a Trust, their Trust must undergo the process of Trust Administration. Our Trust Administration attorneys help trustees administer the Trust in the beneficiaries’ best interests, according to Florida law and the Trust’s terms. This confidential process does not require Court approval. However, if a trustee breaches their duties, they could be removed and even held personally liable.

A trustee’s duties include, but are not limited to, the following:

  • Ordering death certificates
  • Notifying beneficiaries
  • Locating assets
  • Valuing assets
  • Securing the IRS Trust tax identification number
  • Determining if Estate and income taxes are due
  • Liquidating assets to pay debts
  • Investing prudently
  • Assessing liabilities
  • Retiring assets
  • Distributing assets
  • Preparing accounting

Due to the inherent details and potential for disputes, the Probate and Trust Administration process can pose significant challenges. Have you been tasked with administering an Estate or Trust? A Trust Administration attorney at The Siegel Law Group, P.A. is ready to guide you in fulfilling these legal matters smoothly and efficiently.

Questions or Schedule An Appointment, Click To Contact Us: (561) 559-6232

How Can a Florida Probate Attorney or Trust Administration Attorney Help?

For trustees and executors tasked with the responsibilities of Probate and Trust Administration, hiring an experienced attorney to assist them ensures legal compliance, a smoother process and peace of mind.

A lawyer well-versed in Probate and Trust Administration can guide you through the preparation of the necessary documents, represent you in Probate Court, answer your questions and help you deal with any disputes brought by a beneficiary.

Contact Us below or Complete Our Online Form
Contact Us below or Complete Our Online Form
Call Us Today 561-955-8515

The Siegel Law Group, P.A. Offers Protection for Your Loved Ones, Peace of Mind for You

With over 100 years of combined experience, The Siegel Law Group, P.A. in Boca Raton, Florida, wants to guide you through Probate and Trust Administration. Our dedicated Probate lawyers and Trust Administration attorneys assist clients throughout South Florida tasked with these critical responsibilities.

As a boutique Estate Planning law firm, we help South Florida families, seniors and their loved ones prepare for the future. Whether you need to create or update your Estate Plan, are preparing for Long-Term Care, have a loved one entering or already living in a nursing home or need to develop a strategy for your business, we are here to assist you.

Contact us at or complete our online form to schedule a complimentary consultation.

The Siegel Law Group, P.A. ~ Reviewing Estate Plans with our Valued Clients Every Three, Six and Nine Years to Keep Pace with Life’s Inevitable Changes