Boca Raton Probate Lawyer
Probate is the judicial process of proving a last will and testament.
In Florida, the probate process requires identifying and gathering the assets of a deceased person (decedent), paying the decedent’s last debts, and identifying beneficiaries of any remaining assets in either a Formal Administration or a Summary Administration. Probate is also separated into “Domiciliary” probate if the person died while residing in Florida, or “Ancillary” probate if the person died while living outside of Florida, but owned real property in Florida. Probate administration only applies to probate assets, which are assets the decedent owned in his or her sole name at death, or were owned by the decedent and one or more co-owners and lacked a provision for automatic succession or ownership at death. Contact our experienced Boca Raton probate lawyers today.
Probate assets include, but are not limited to, the following:
- A bank account or investment account in the sole name of the decedent
- A life insurance policy, annuity contract, or individual retirement account payable to the decedent’s estate
- Real estate titled in the sole name of the decedent, or in the name of the decedent and another person as tenants in common (unless it is homestead property)
Many of our estate planning clients turn to us to assist in probate and trust administration when a family member passes away.
At Protect My Assets Law Group, we can handle everything related to probate proceedings, from probating a will in probate court to working with investment advisors to fund a trust to advising a personal representative. We take an active role by assisting in the appropriate payment of taxes and debts, selling assets, and distributing property as directed by the will. If named in a will or trust instrument as an executor or trustee, our lawyers can act as personal representatives themselves, managing assets and carrying out the provisions of the will or trust. Whatever your needs, we have the experience and resources to provide an easy transition to heirs and designated beneficiaries, and to preserve and increase estate assets whenever possible.
Following the completion of probate tasks, an estate’s remaining assets are distributed to the beneficiaries designated by will or trust.
Once all probate requirements are met and approved by the court, the estate’s personal representative is released to distribute property and assets to designated beneficiaries. At this point, many executors—and beneficiaries for that matter—breathe a sigh of relief: their job is done; their funds are coming to them. However, the process of distributing assets to beneficiaries can take various paths, and understanding all the ways assets are distributed can be difficult. Whether you are a personal representative or a beneficiary, it’s important to guard against mishaps and oversights. For personal representatives, you must fulfill all your duties to prevent fiduciary liability, and for beneficiaries, you may need to take an active role in protecting and preserving the assets designated for you.
Contact our Boca Raton probate lawyers to schedule a free initial consultation.
If you are involved in a probate proceeding as a personal representative, beneficiary, heir, guardian, or in any other capacity, we are here to guide you through probate and protect your interests. Call the Boca Raton probate lawyers of Protect My Assets Law Group today to schedule a free initial consultation regarding your probate concern.