Providing Skilled Representation In Probate Administration Matters In Coral Springs

Going through probate would be a difficult process even for those who hadn’t just lost a loved one. Unfortunately, this is precisely the circumstance under which probate happens. During such a difficult time, it is wise to work with an experienced and caring probate attorney who can guide you through the process and ensure everything goes smoothly.

In Coral Springs and surrounding areas, you can find the help you need by contacting Feldman & Feldman, Counsellors at Law, P.A.. Our estate planning lawyers have been serving clients in South Florida for more than 30 years, and we are committed to providing exceptional representation and service.

What Is Probate, And What Does It Entail?

Probate, put simply, is the court process by which a personal representative (called an “executor” in some states) is appointed to gather the assets of the deceased person (called the “decedent”), pay debts of the decedent’s estate, and then distribute the remaining assets to the proper beneficiaries.

There are many steps involved in a probate proceeding, including sending proper legal notices, meeting deadlines and satisfying other statutory requirements. It also involves court costs, regular court appearances and legal fees. It can be a lengthy, and sometimes expensive process because of the formalities that must be followed to protect the rights of estate beneficiaries and creditors. Typically, the probate process lasts six to 12 months, and possibly longer in more complicated estates. Court delays and uncooperative parties can also slow probate proceedings.

Types Of Assets Involved In Probate Administration

In probate administration, various types of assets are assessed and distributed according to the deceased person’s will or, if there is no will, according to state laws. Here are some common types of assets involved in probate administration:

• The home or the primary residence of the deceased must be considered, along with vacation homes or additional properties that the deceased owned.
• Jewelry items can vary greatly in value and often hold sentimental significance. They will be distributed fairly to the beneficiaries.
• Funds in financial accounts will pay off any debts or expenses before being distributed to the heirs.
• Cars, trucks, motorcycles and other vehicles that the deceased owned are part of the probate process.

These assets represent a broad overview of what might be involved in probate administration. Each asset type requires specific steps to ensure proper management and fair distribution according to the deceased’s wishes or legal requirements.

Do All Estates Go Through Probate In Florida?

Probate is the court-supervised process for legally transferring a decedent’s assets to heirs or beneficiaries. In Florida, not every estate must go through probate. Whether probate is required depends on how the decedent’s assets were titled at the time of death.

Probate only applies to assets titled in the decedent’s sole name and that do not have a designated beneficiary. Examples or probate assets include:

• Real estate titled only in the decedent’s name
• Bank or investment accounts without beneficiary designations
• Vehicles or tangible personal property titled solely in decedent’s name

There are situations in which probate may not be required or may be simplified:

• Non-probate ownership: Assets passing by beneficiary designation, such as retirement accounts or life insurance; or assets passing by rights of survivorship, such as joint ownership of assets.
• Summary administration: Estates with a value of less than $150,000 (as of July 2026) or assets for which the decedent died more than two years ago may qualify for a streamlined probate process that is quicker and less costly than a full probate proceeding.

The experienced Florida probate attorneys at Feldman & Feldman, Counsellors at Law, P.A. can review the relevant assets and guide clients through the correct process, whether it be a formal probate or summary administration, in addition to assisting clients to obtain access to non-probate assets.

It is important to note that sometimes a probate may be necessary or advisable even when there are no probate assets to administer. For example, if the decedent died with assets that may be subject to creditor claims (such as a revocable living trust), then it may be prudent to open a probate proceeding for the purpose of handling any potential claims.

Avoiding Probate Is Often A Goal Of Estate Planning

For all the reasons mentioned above, many people want to simplify the probate process as much as possible or avoid it altogether. This can often be done through thoughtful estate planning. Only assets titled in the sole name of the decedent are subject to a probate proceeding. Assets with joint owners and those with a named beneficiary are not considered estate assets and a probate proceeding is not necessary to pass ownership to the surviving joint owner or beneficiary.

Common estate planning tools for avoiding probate obligations include:

• The use of “payable on death” accounts
• Beneficiary designations for things like insurance policies
• Establishing a revocable living trust

It is always wise to consult an attorney to discuss the options for ensuring that your wishes will be carried out most effectively and efficiently after your death.

There Are Cases In Which Probate Cannot Or Should Not Be Avoided

We often assist our clients with structuring their assets to “avoid probate,” which can drastically reduce the time and expense of passing their estate to the intended beneficiaries, as well as potentially thwart many creditors (who can only make a claim against estate assets). However, there are a number of important reasons why probate is sometimes necessary and even advisable:

If assets are not titled with a named beneficiary or joint owner (for any number of reasons) then a probate proceeding is the only way to pass title to the proper beneficiary.

1. A person may pass away under circumstances that require opening a probate proceeding to handle wrongful death or other claims on behalf of the estate.

2. Sometimes an individual places their assets in a revocable living trust during their lifetime in order to avoid the need to probate those assets. However, if the trust is not fully funded, and there are assets not titled in the trust at death (such as a forgotten-about bank account), a probate proceeding is necessary to have those assets placed into the trust for distribution.

3. In Florida, most creditors have two years from the date of the decedent’s death to make claims against an estate or trust. It is sometimes advisable to open a probate proceeding for the purpose of shortening the timeframe in which creditors have to file a claim. Depending upon the type of creditor, the opportunity to present a claim can be shortened from two years to only 90 days, or sometimes just 30 days. Even if the decedent had all of their assets in a trust at the time of death, and there are no estate assets, a trustee who distributes assets without the creditor-clearing benefits of a probate proceeding risks being personally liable for any creditor claims that may arise within two years of death.

4. Avoiding probate can be catastrophic to beneficiaries or joint owners who have special needs or who receive public benefits (Medicaid, VA benefits, etc.), as inheriting an asset directly can cause them to lose their benefits entirely. Establishing a trust for the beneficiary can ensure they receive the benefit of their inheritance but do not lose their benefits. It is sometimes better to establish such a trust under a decedent’s will (as opposed to funding the trust during the decedent’s lifetime), even though it will require a probate proceeding in order to set up the trust.

Seeking the advice of an attorney is critical to ensure your estate is structured to maximize the benefit to your intended beneficiaries. If you are a beneficiary, nominated personal representative, or trustee, you should consult with an estate attorney who can properly advise you of your rights and responsibilities.

Tax Implications During Probate

When someone passes away, tax obligations must be addressed before beneficiaries can receive their inheritance. Although Florida does not impose its own estate tax, the federal estate tax may apply if the value of the estate exceeds the federal exemption amount. This requires a detailed inventory of assets, proper valuation and timely filing of federal returns.

Unlike estate taxes, inheritance taxes fall on those receiving assets rather than the estate itself. Florida does not levy an inheritance tax, but beneficiaries who reside in other states may be subject to their state’s inheritance laws. This can complicate matters when assets are distributed across state lines.

Income taxes for the deceased and the estate cover earnings up to the date of death and any generated during administration. The personal representative must file a final income tax return for the deceased and potential income tax returns for the estate itself if income is generated during administration. Rental properties, investment accounts or business interests may continue to produce income even after death. Failure to address these filings accurately can halt the probate process.

By working closely with us, you benefit from our hands-on approach, where we review valuations and file returns accurately, reducing the risk of audits that could hold up distributions.

Out-Of-State Decedents And Ancillary Probate Administration

When a person who does not live in Florida dies but owns property located in Florida, a separate Florida proceeding called ancillary probate administration may be required. Typically, only Florida courts have jurisdiction to administer property located within the state, even if a probate administration for the decedent has already been opened in another jurisdiction.

Common scenarios requiring an ancillary probate include:

• Real property
• tangible personal property
• Causes of action that originate in the State of Florida
• Business interests located within the State of Florida

Florida Statute section 734.102 governs ancillary administration and provides that a personal representative qualified in Florida may be appointed to handle the Florida property.

The ancillary process generally follows the same rules as an original Florida probate, including notifying creditors, paying debts, and distributing remaining property to heirs or beneficiaries.

Ancillary probate helps ensure that Florida property is legally transferred under Florida law. We can assist out-of-state families with ancillary proceedings, coordinate with representatives in other states and help ensure they comply with all Florida probate requirements.

How Long Do You Have To File For Probate?

In Florida, a probate proceeding should generally be filed within 10 days of learning of the death, although courts allow some flexibility in practice. Waiting too long can create challenges in gathering assets, notifying creditors and protecting beneficiaries’ rights. Importantly:

• Creditors have two years to make claims unless probate is opened, which shortens their window to three months after notice is published.
• Beneficiaries benefit from early action because assets can be secured and disputes minimized.
• Small estates may qualify for summary administration, but that option is generally limited to cases filed within two years of death.

Our firm helps ensure probate is filed promptly, all legal requirements are met and the estate moves forward without unnecessary disruption.

How A Lawyer Can Help Simplify The Complexities Of Probate Administration

Probate administration is often a complex process due to several factors that can complicate the distribution of an individual’s estate. Firstly, the legal paperwork and deadlines involved are extensive and can be overwhelming for those unfamiliar with probate law. This includes filing petitions, notifying beneficiaries and submitting required documents to the court. Additionally, disputes among heirs or beneficiaries over asset distribution can arise, leading to potential legal battles that require negotiation and mediation.

Another factor is the accurate valuation of assets, which may involve appraisals and the handling of debts and taxes owed by the estate. These financial aspects require precise calculation and legal compliance to ensure fair and lawful distribution.

Given these complexities, working with an experienced attorney is crucial. A probate administration lawyer can guide you through each step, ensuring that all legal requirements are met and that the process proceeds smoothly.

How Our Firm Can Help You

Our estate planning attorneys provide, compassionate, caring and professional legal support when you need it most. We can handle most of the probate details personally, leaving you free to focus on taking care of yourself and those you love. We work closely with estate executors/representatives to help them fulfill their duties, and we ensure that all paperwork and other documents submitted to the court are complete and accurate.

Settling a loved one’s estate sometimes involves selling real property. This may be out of necessity to satisfy estate creditors or simply to turn a property inheritance into financial proceeds for heirs and beneficiaries. Our firm can help you with selling real estate as part of the estate administration process, if needed. It is one of the many ways that we strive to go the extra mile for our clients.

Frequently Asked Questions About Probate Administration In Florida

It is only natural to have a lot of questions about this complex legal issue. Here are answers to some frequently asked questions about probate administration to get you started.

Trust Your Probate Needs To Our Skilled Estate Lawyers

We encourage you to schedule an initial consultation by calling our Coral Springs office at 954-228-6074 or using our online contact form.