The Probate Process
Probate is the process of assembling the assets (property, belongings, investments, etc.) of a deceased person, paying the creditors of the deceased and any taxes owed on the assets, and distributing remaining assets to the person’s heirs.
The process of probate begins by filing the deceased person’s will and a Petition for Administration with the probate court. This is usually done by the person named as the Personal Representative or executor in the will. If the deceased person does not have a will, usually a family member files the Petition for Administration. A creditor can also initiate probate in some cases.
In Florida, an Attorney Must Assist the Personal Representative of an Estate in Probate
|If you are the personal representative, family member, beneficiary or creditor of a deceased person and need to probate a will in Florida, while it is possible for one to prosecute the probate of an estate, it is not for the faint of heart because you will be in an area where you don’t know what you don’t know. In Clearwater, Tampa, Oldsmar or elsewhere in Florida, the probate attorneys at Stross Law Firm, P.A. can help. We understand this can be a difficult time and a confusing process. Our experienced attorneys are here to make it as smooth, efficient and timely as possible.||Probate Services
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Serving as Personal Representative/Executor
Our probate attorneys can also act as a personal representative for a deceased person whose estate needs to be probated. This service is usually required if no one has been named as personal representative or the named representative is unable or unwilling to perform this function.
Attorneys at Stross Law Firm, P.A. are experienced at administering trusts. Trusts and the assets they hold do not go through probate like other assets. Instead, a successor trustee handles the assets according to the parameters of the trust agreement, which usually reflect the wishes of the trust’s creator. A successor trustee should be a person or company familiar with handling trusts and the laws governing trusts. Attorneys at Stross Law Firm have over 35 years of experience in forming, handling and administering trusts. For more information, see our Trust Administration page.
Probating a will is not for the inexperienced. This can be a confusing process at a difficult time. We can make it as smooth, efficient and timely as possible. Click Contact to send us an email or call us at (813) 852-6500 to schedule a free consultation.
Assistance for Out-of-state Representatives and Trustees
Fulfilling the duties of a person’s personal representative or the trustee of a trust from out of state can be challenging. If the representative or trustee is not present locally, probate of a will or administering of a trust can be delayed. Stross Law Firm, P.A. can help you overcome these challenges if you live out of state and need to have a trust administrated or need to probate a will in Florida. We can help you gather documents, file probate court papers, and handle other aspects of probate or trust administration without frequent or extensive travel.
We also often help local personal representatives and successor trustees with their job of settling the decedent’s estate. Whether you are local or out of state, our services are available to help the personal representative of the probate estate and the successor trustee of the decedent’s non-probate estate. Our experience includes non-traditional activities such as operating businesses that were owned by the deceased person. We also provide counseling associated with estates that have extensive investment real estate or real estate used in a business.
More About Probate in Florida
To find out more about probate in Florida, please read our probate blog articles.