Boca Raton Probate and Trust Administration Lawyer

Losing a loved one is already overwhelming, and being responsible for handling their estate makes it even harder. If you’re named as the personal representative, Florida law requires you to go through the probate process for most estates. If the person had a trust, it must be formally administered. A Boca Raton probate and trust administration lawyer can help.

At The Siegel Law Group, P.A., we can guide you through the probate or trust administration process, no matter how simple or complex the estate may be. With over 22 years of experience, our team has successfully helped clients across South Florida. These matters are time-sensitive, so don’t delay. Contact us today to schedule a free consultation.

Why Choose Our Boca Raton Probate and Trust Administration Attorneys

We help clients and their families plan for a secure future. We help you prepare for life’s challenges and guide personal representatives through the probate process in Florida. Our solutions are tailored to your needs, helping you avoid the many mistakes Floridians make when setting up a trust.

When creating a trust, we go the extra step to fund it with your intended assets and remind you if additional assets need to be added. We also review your estate plan every three years to account for changes in relationships, finances, or laws that could affect your wishes.

We educate clients on planning strategies to ensure your children or intended beneficiaries inherit as you plan, helping prevent potential losses due to divorce or blended family situations. After a loved one passes, we offer free consultations and successor seminars to guide the family through the process with clarity and confidence.

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

What is Probate?

Probate is the legal process that governs estate administration for a deceased person, known as the decedent. The probate process ensures the legal transfer of a 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.

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. After we learn more about your unique situation, we can tell you more about how long Florida probate takes.

Is There a Way to Avoid Probate in Florida?

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.

Boca Raton Probate And Trust Administration Lawyer Near Me 561-955-8515

Florida Requirements for the Personal Representative

As per Fla. Stat. §733.303; 733.504, 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 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.

The Duties of a Personal Representative

Being an executor is an enormous responsibility that includes:

Preparing for probate by filing a petition with the 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. Since Florida is a common law property state, a surviving spouse has a right to a certain share of the property – even if there is a will.

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Understanding Trust Administration

When a loved one passes away with a trust, that trust must go through trust administration. Our Boca Raton trust administration attorneys guide trustees in managing the trust according to Florida law and the trust’s instructions. This private process does not require court approval. 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

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How Can Our Boca Raton Probate and Trust Administration Lawyers Help?

For trustees and executors tasked with the responsibilities of probate and trust administration, hiring The Siegel Law Group, P.A., to assist them ensures legal compliance, a smoother process, and peace of mind.

Our Boca Raton probate and trust administration lawyers will 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.

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

With over 100 years of combined experience, our team wants to guide you through probate and trust administration. Our dedicated probate and trust administration lawyers in Boca Raton assist clients throughout South Florida tasked with these critical responsibilities.

As a boutique estate planning law firm, we help South Florida families prepare for the future. Contact us or complete our online form to schedule a complimentary consultation.