Fort Lauderdale Probate Attorney

Providing Reliable Legal Representation in Florida 

When someone passes away, their property, rights in property, and assets are distributed to others through the legal process called “probate.” Probate can occur whether someone has left a will (and therefore has a “testate estate”) or has not left a will (therefore has an “intestate estate”). Our Fort Lauderdale probate attorneys are ready to help you navigate the process.

Contact our Fort Lauderdale probate lawyers to learn how you can probate an estate. Call (954) 764-7273 or get started online today.

What Assets Go Through Probate?

Any assets that stay in a person’s name, without joint or payable-on-death accounts in place, are subject to the process. This may include:

• Real Estate: Homes, land, and any other properties solely owned by the deceased.
• Bank Accounts: Checking and savings accounts held solely in the decedent's name.
• Investments: Stocks, bonds, and mutual funds owned solely by the deceased.
• Personal Property: Items such as vehicles, jewelry, art, and collectibles that are not designated to a beneficiary.
• Business Interests: Ownership shares in a business or partnership if not transferred through a buy-sell agreement or similar arrangement.
• Intangible Assets: Intellectual property rights, patents, or copyrights owned solely by the deceased.
• Life Insurance Policies: If no beneficiary is named, the proceeds will go through probate.

Florida Probate Process Timeline

When beginning the probate process, you may expect a timeline with steps similar to the following:

• Step 1: File the petition to open probate. Any interested party, such as a creditor of the estate, can open probate. Generally, however, it will be a person who is an heir or beneficiary and requests to open the probate of the estate held by the Clerk of Court.
• Step 2: Notify beneficiaries and interested parties: In this step, known as “serving process,” the personal representative (or the one appointed) serves the petition for probate along with a “Notice of Administration” to all beneficiaries, heirs, and interested parties. These individuals have the right to submit a suggestion to disqualify the personal representative if they believe they don’t meet the qualifications set by Florida probate laws. 
• Step 3: Appoint the personal representative. If there are no valid grounds for disqualification and the personal representative meets all qualifications, the court will appoint them to manage the estate.
• Step 4: Gather and inventory the estate’s assets. After the personal representative is appointed, they must inventory the estate’s assets. Our Fort Lauderdale probate attorney can provide guidance and a checklist for this process. Generally, the inventory includes real estate, financial accounts, tangible assets (like personal property and vehicles), and intangible assets (such as stocks, bonds, and intellectual property).
• Step 5: Pay final taxes and plan a strategy for tax liability. The personal representative is responsible for settling any outstanding debts and determining tax liabilities for the estate. To ensure accuracy and minimize tax burdens, it's advisable to work with an attorney or accounting team. Our Fort Lauderdale firm specializes in handling tax payments and preparing returns, ensuring all statements and forms are correct. 
• Step 6: Manage creditor claims in estates without a will: The personal representative is responsible for overseeing the probate process, including managing creditor claims. It’s crucial to seek legal advice in this area, as mishandling financial matters can result in litigation and unintended debts. 
• Step 7: Determine beneficiaries and assets: The personal representative has the authority to identify beneficiaries and determine the assets related to the estate. This step involves clarifying who will inherit and what assets are included.

In some cases, there are additional steps that must be followed, and certain unavoidable circumstances may require different litigation procedures. Our firm in Fort Lauderdale with more than 20 years of legal experience can help you fully understand the process you are required to take.

Get in touch with us today to book a consultation. Call now - (954) 764-7273

What Happens If No One Files to Probate the Estate?

If the probate process is not initiated within the required timeframe, known as the "creditor period," creditors cannot claim any assets from the deceased's estate. For individuals who pass away with assets solely in their name—not in "payable-on-death" accounts—the estate will not be distributed to the heirs.

In Florida, if the estate's value is below a certain threshold, it may qualify for a simplified probate process called summary administration. This applies to assets, excluding real estate, valued at $75,000 or less. Additionally, certain assets like vehicles or specific salary payments may also make an estate eligible for summary administration.

If you're unsure whether your estate qualifies for probate, there's no better first step than consulting with an experienced attorney in Fort Lauderdale. Our legal experts specialize in these matters and can provide the clarity and guidance you need.

The Cost of Probate

As of Jan., you should anticipate about 3% to 7% of the estate’s assets being used in the probate process. Many heirs and beneficiaries are forced to pay this fee.

Avoiding The Probate Process In Fort Lauderdale

To bypass the probate process in Fort Lauderdale, you can arrange your assets and accounts in specific ways that exempt them from probate. Working with an experienced attorney can help clarify which assets qualify for transfer outside of probate.

For example, in real estate transactions, you can avoid probate by transferring ownership to a beneficiary or by using “payable-on-death” bank accounts. Additionally, maintaining “rights of survivorship” on properties can also prevent probate, provided the correct deeds are utilized. Another effective strategy is to establish a living trust, which allows for direct asset transfer upon death, avoiding probate altogether.

Why Choose Adrian Philip Thomas, P.A.?

At Adrian Philip Thomas, P.A., we have proudly served clients across Florida since 2002 as a boutique law firm specializing in estate, trust, and probate matters.

Our dedicated team is known for providing ethical and efficient legal representation, always prioritizing our client's needs. We have successfully represented thousands of clients in estate-related disputes, whether contesting a will or preparing for probate litigation. 

We pride ourselves on being aggressive and confident advocates in the courtroom, committed to fighting for our client's rights. While we strive to negotiate fair resolutions whenever possible, we understand that litigation may be necessary to protect your inheritance and preserve your family’s interests. 

Contact us today to schedule a consultation with a Fort Lauderdale probate attorney of our firm to guide you (954) 764-7273 through the process in Florida!