Work Directly With A Seasoned Probate Administration Lawyer
When your loved one dies, their final affairs such as final taxes, payment of debts, administration expenses, and distribution of their assets are typically subject to a process called probate. Florida’s probate court supervises the process to ensure payment of your loved one’s final taxes and debts and proper distribution of assets in their individual name to their beneficiaries and heirs according to their will or according to Florida law if they died without a will.
If your loved one had a will, it must be filed in the probate court of the county where they were living. If your loved one, which the court refers to as the “decedent,” did not have a will (or trust), Florida’s probate law designates distribution of their assets in their individual name according to intestate laws.
Attorney Eric S. Kane has many years of experience assisting clients with the nuances of Florida probate administration. He can help you handle probate administration of your loved one’s estate, so your family’s closure flows in a well-organized progression with the least amount of uncertainty or frustration. His clients throughout the state appreciate his knowledge and compassion. They also appreciate the fact that they work directly with him every step of the way.
Gathering Probate Assets – And Determining Which Process Is Best – Can Be Confusing
Probate assets do not include items such as your loved one’s life insurance policy or bank account with a named beneficiary. In addition, some probate assets may be more complicated to distribute. For example, if your loved one owned real property (such as a residence, vacant land, or timeshare) that only has his or her name on it, it will be subject to distribution according to the instructions in his or her will (or trust). If your loved one did not have a will (or trust), Florida’s intestate laws will determine to whom the property will pass. If there is more than one heir by law, the property may be subject to sale or liquidation prior to distribution.
Depending on the value of your loved one’s probate estate, you may be eligible to proceed under the abbreviated summary administration, or you may need to proceed with formal administration. If your loved one lived outside of Florida but owned property in Florida, an ancillary probate administration will be necessary if probate proceedings have already occurred in the state where your loved one died as a resident. Florida law also provides for probate proceedings to commence in Florida if no probate proceedings have commenced in your loved one’s home jurisdiction and the only probate assets are the Florida property. The law firm of Eric S. Kane, P.L., serves every Florida county for probate needs including for:
- Formal Administration
- Summary Administration
- Ancillary Probate Administration
- Probate Administration for non-U.S. citizens
Mr. Kane can also assist you with disposition without administration, which the court allows for limited circumstances.
Call Eric S. Kane For Answers To Your Probate Questions
Because Florida’s probate process can be complicated, you may have many questions and concerns following the death of your loved one. Please contact Eric S. Kane, P.L., at 305-937-7280 for personalized assistance.