Boca Raton Probate Attorney

Know Your Options in Fulfilling Your Loved One's Estate Plan

When a loved one passes away, dealing with the legal and financial aftermath can feel overwhelming. The probate process, which is the legal procedure for settling an estate, can be long, confusing, and emotionally taxing. At Adrian Philip Thomas, P.A., our team of experienced Boca Raton probate attorneys is here to guide you through this process with professionalism, care, and compassion. We understand that probate often comes at a difficult time, and we’re dedicated to making the process as smooth as possible, protecting your rights, and ensuring the decedent’s wishes are carried out.

Whether you are named as the personal representative (executor) in a will, involved in probate litigation, or dealing with an estate without a will, our team is prepared to provide expert legal counsel tailored to your specific situation.

Call (954) 764-7273 today for initial consultation with our Boca Raton probate lawyers.

What is Probate?

Probate is the legal process through which a deceased person’s estate is administered, debts are settled, and assets are distributed to heirs or beneficiaries. During probate, the court verifies the decedent’s will (if one exists), validates the appointment of the personal representative (executor), and ensures that all debts, taxes, and administrative expenses are paid before the remaining assets are passed on.

In Florida, probate is governed by the Florida Probate Code, which lays out the procedures and requirements for carrying out the wishes of the deceased. There are various types of probate proceedings, including formal and summary probate, depending on the complexity of the estate and whether there is a valid will.

Types of Probate in Florida

1. Formal Probate Administration
   This is the most common type of probate and occurs when the estate involves significant assets or there is no agreement among the heirs. Formal probate includes all steps of the probate process, including validating the will, appointing a personal representative, and resolving any disputes that arise.

2. Summary Probate Administration
   Summary probate is available in Florida for smaller estates. It allows for a more streamlined process, often taking a much shorter time. This is typically applicable if the decedent’s estate is valued under a specific threshold and no disputes exist.

3. Disposition of Personal Property Without Administration
   If a decedent’s estate consists only of personal property and there are no outstanding debts, a simpler probate process called "Disposition of Personal Property Without Administration" may be used. This allows the surviving family member to claim personal property without the need for formal probate.

Why Choose Adrian Philip Thomas, P.A. for Your Probate Needs?

At Adrian Philip Thomas, P.A., we understand that the probate process can be emotionally challenging, especially when you are also grieving the loss of a loved one. Our experienced Boca Raton probate attorneys will be with you every step of the way, providing clear communication, reliable advice, and representation that you can trust.

1. Expertise in Florida Probate Law

We specialize in Florida probate law and have a deep understanding of the Florida Probate Code. Our attorneys are well-versed in all aspects of estate administration, from validating wills to handling estate disputes.

2. Compassionate and Supportive Counsel

Our attorneys know that dealing with the death of a loved one is never easy. We approach each probate case with empathy and compassion, providing emotional support along with legal guidance.

3. Efficient and Effective Solutions

We strive to make the probate process as efficient as possible. Our team works diligently to ensure the estate is settled in a timely manner while minimizing costs and delays.

4. Proven Track Record in Probate Litigation

When disputes arise, our firm is ready to take action. Whether it’s a will contest, challenges to the validity of the estate plan, or disagreements between heirs, we have the experience to handle probate litigation successfully.

5. Full-Service Probate Representation

From the opening of probate to the final distribution of assets, we offer comprehensive services. Whether you need help with an uncontested probate or need a skilled litigator for a dispute, we are here for you.

Our Probate Services in Boca Raton

At Adrian Philip Thomas, P.A., we offer a wide range of probate services, including:

1. Will and Trust Validation

Our attorneys ensure that the decedent’s will or trust is legally valid, ensuring the decedent’s intentions are honored. If there is no valid will, we can help navigate the process of estate administration under Florida’s intestacy laws.

2. Personal Representative Services

If you’ve been named as the personal representative (executor) of an estate, we provide guidance to help you fulfill your duties, including asset distribution, debt settlement, and managing the estate's affairs.

3. Estate and Trust Administration

We assist personal representatives, trustees, and beneficiaries with the administration of estates and trusts, ensuring that assets are properly distributed and all debts and taxes are paid.

4. Probate Litigation

If you’re involved in a dispute regarding a will, trust, or estate, we offer expert legal representation in probate litigation. Whether it’s a will contest, allegations of undue influence, or breaches of fiduciary duty, we fight for your rights.

5. Guardianship Services

If a loved one is incapacitated and has not left a power of attorney or living trust, we can assist with establishing a guardianship to manage their financial and personal affairs.

Contact Adrian Philip Thomas, P.A. Today

If you need guidance through the probate process in Boca Raton, Adrian Philip Thomas, P.A. is here to assist you. Our experienced Boca Raton probate attorneys provide compassionate and effective legal services to help you navigate the complexities of estate administration, will contests, probate litigation, and more.

Call (954) 764-7273 today for initial consultation with our Boca Raton probate lawyers.

Probate FAQs

1. What is the role of a personal representative in probate?

A personal representative (also known as an executor in other states) is responsible for managing the estate of the deceased person. This includes tasks such as collecting and valuing assets, paying off debts, filing tax returns, and distributing the remaining assets to beneficiaries. The personal representative must act in the best interest of the estate and follow the decedent's will or Florida’s laws of intestacy if no will exists.

2. How long does probate take in Florida?

The length of the probate process in Florida can vary depending on the complexity of the estate, whether there are disputes, and the type of probate administration being pursued. On average, probate can take between six months to over a year. Simple estates may be completed more quickly, while estates with complex assets or litigation may take longer.

3. Can probate be avoided in Florida?

Yes, probate can sometimes be avoided through careful estate planning. Strategies such as creating a living trust, naming beneficiaries for accounts and assets, or holding property jointly with rights of survivorship can allow assets to pass directly to heirs without the need for probate. It is always advisable to consult with an estate planning attorney to develop a strategy to minimize the need for probate.

4. What happens if there is no will?

If there is no will, the decedent’s estate is subject to Florida’s intestacy laws. This means that the estate will be divided among the decedent’s closest relatives, such as spouses, children, and other family members, according to a statutory formula. The probate court will oversee this process and appoint a personal representative to manage the estate.

5. Can a will be contested in Florida?

Yes, a will can be contested in Florida. Common grounds for contesting a will include allegations of undue influence, lack of testamentary capacity (the ability to understand the consequences of signing a will), fraud, or improper execution of the will. If you are considering contesting a will or have had a will contested, our probate attorneys can help you navigate the litigation process.

6. What are the costs associated with probate?

The costs of probate can vary widely depending on the complexity of the estate, the attorney’s fees, and any administrative or court fees. Some fees may be fixed, while others depend on the size and complexity of the estate. In many cases, probate attorney fees are based on the value of the estate, but our firm provides clear and transparent pricing.

7. How can a probate attorney help me with an estate dispute?

A probate attorney can help resolve disputes over the validity of a will, disagreements between heirs, breaches of fiduciary duty, and other probate-related conflicts. Our attorneys have experience in probate litigation and can work to protect your interests, whether through negotiation, mediation, or litigation.