Palm Beach Probate Attorney

Providing Probate, Trust and Litigation Services in Florida

The Palm Beach probate attorneys at Adrian Philip Thomas, P.A. provide comprehensive legal services to assist individuals and families through the complexities of probate and trust matters. Understanding the ins and outs of probate can alleviate some concerns, making it essential to have knowledgeable support.

Our Palm Beach probate attorneys can guide you through the process. Call us now at (954) 764-7273 or reach out online to schedule a consultation.

Understanding Probate in Florida

Probate is the legal procedure for settling a deceased person's estate, which involves several steps to ensure that assets are distributed according to their wishes or state law. 

In Florida, the probate process begins when an individual passes away and their assets need to be administered. This process involves validating the deceased’s will, appointing a personal representative, paying debts and taxes, and distributing remaining assets to the beneficiaries.

What Happens if There’s No Will?

If someone passes away without a will, they are said to have died "intestate." In this situation, Florida's intestacy laws dictate how the estate is distributed. Generally, assets will be distributed to surviving relatives, such as a spouse, children, or parents. 

However, this process can be complicated and may not reflect the deceased's actual wishes. Having a Palm Beach probate attorney can help navigate this complexity and advocate for your interests.

How Long Does the Probate Process Take?

The duration of the probate process can vary significantly depending on the complexity of the estate and whether any disputes arise among beneficiaries. Typically, probate in Florida can take anywhere from a few months to over a year. Simple estates with no disputes tend to move faster, while those involving contested wills or complicated asset distributions may take longer. 

Are All Assets Subject to Probate?

Not all assets are subject to probate. The probate process generally applies to assets solely owned by the deceased at the time of their passing. Here’s a breakdown of which assets are typically subject to probate and which are not:

Assets Subject to Probate

• Real Estate: Property solely owned by the decedent.
• Bank Accounts: Accounts held only in the deceased's name without a designated beneficiary.
• Investments: Stocks, bonds, or mutual funds owned solely by the decedent.
• Personal Property: Items such as vehicles, jewelry, and collectibles that are solely owned.
• Business Interests: Ownership in a business if it’s not placed in a trust or jointly owned.
• Life Insurance Policies: If no beneficiary is designated, the death benefit goes through probate.

Assets Not Subject to Probate

• Jointly Owned Property: Assets owned jointly with rights of survivorship, such as real estate or bank accounts.
• Trust Assets: Property held in a living trust is not subject to probate.
• Payable-on-Death Accounts: Bank accounts with a designated beneficiary who receives the funds directly upon the account holder's death.
• Retirement Accounts: Accounts like IRAs and 401(k)s with named beneficiaries pass directly to them.
• Life Insurance Policies: If a beneficiary is designated, the policy proceeds bypass probate.
• Certain Assets with Transfer-on-Death Designations: These allow for direct transfer to beneficiaries without going through probate.

The Probate Process in Florida

The probate process in Florida begins with the filing of a petition with the court to open the estate, which usually includes submitting the original will (if available) and a death certificate. The court validates the will and appoints a personal representative, who is responsible for managing the estate. If there is no will, the court will appoint someone according to Florida law. 

The personal representative's duties include gathering the deceased's assets, paying any debts and taxes, and ensuring that the remaining assets are distributed according to the will or state law.

After the appointment, the personal representative must create a comprehensive inventory of the estate's assets, including real estate, bank accounts, and personal property, with professional appraisals as needed. 

The representative is also responsible for settling any outstanding debts and taxes, which is critical to avoid legal complications. Once all debts and taxes are resolved, the remaining assets can be distributed to the beneficiaries as specified in the will or according to state law, ensuring compliance with legal requirements to minimize disputes.

Let our Palm Beach probate attorneys assist you every step of the way. Call us at (954) 764-7273 or contact us online to start now.

Additional Probation Services We Offer

Trust Administration

Trusts allows the direct transfer of assets to beneficiaries without the lengthy probate process. Palm Beach probate attorneys provide trust administration services to ensure that trustees fulfill their responsibilities correctly. This includes managing trust assets, ensuring compliance with legal obligations, and distributing assets to beneficiaries as specified in the trust document. 

Addressing Potential Disputes

Disputes can arise during the probate process, whether due to disagreements among beneficiaries or challenges to the validity of a will. Our Palm Beach probate attorneys are skilled in mediation and litigation, providing support whether you are contesting a will or defending against a challenge.

Planning for the Future

Effective estate planning is essential for avoiding many of the complexities associated with probate. Palm Beach probate attorneys offer comprehensive estate planning services, helping clients create wills and trusts that align with their goals. By taking proactive steps, individuals can simplify the transfer of their assets, minimize potential disputes, and ensure that their wishes are honored.

Contact Our Palm Beach Probate Attorneys Today

The probate process and trust administration can be overwhelming, especially during a time of loss. The attorneys at Adrian Philip Thomas, P.A. are here to guide you through these challenges with compassion and professionalism. If you have questions about probate, trust administration, or estate planning, we invite you to reach out.

Contact us online or call at (954) 764-7273 to schedule a consultation with our firm.