• Our People
  • Testimonials
  • Why Choose Us?
  • FAQs
  • News & Press
  • Contact Us
(561) 210-5500
logo
(561) 210-5500
Menu
  • Florida
    Probate
    • Asset Transfer
    • Estate Administration
    • Estate Planning for Survivors
    • Estate Tax Returns
    • Creditor Claims
    • Counties Servicing
    • Designated Beneficiaries
    • Lack of Capacity
    • Trust Administration
    • Undue Influence
  • Ancillary
    Probate
  • Probate
    Litigation
  • Professional
    Executor
  • Wrongful
    Death

Contact Us

Get A 30 minute Free Consultation

Contact Us

FAQs / Probate Process

Where is probate handled?

Probate is the court-supervised process of collecting and gathering the decedent’s assets, paying off any debts or taxes associated with the decedent, and then distributing the remaining assets to the appropriate beneficiaries. The final distribution of assets is generally done in accordance with a Last Will and Testament left behind by a decedent, and overseen by the personal representative, aka executor, appointed by the probate court. The typical procedure is to initiate a probate, whether formal or summary, in the county of last residence for the decedent. For example, if the decedent’s last known residence was located in Boca Raton, then the probate pleadings will be filed in the circuit court of Palm Beach County. Similarly, if the decedent’s last known residence was in Fort Lauderdale, then the pleadings will be filed in Broward County. The clerks will rely on the death certificate in determining the correct address for purposes of determining what county to file in. If the last known address on the death certificate is incorrect, the family may need to amend the death certificate.

Any estate that has estimated assets greater than $75,000 will necessitate a formal probate administration. In Florida, all formal administrations require an attorney to be hired, and that attorney will act as “attorney of record” for the estate, guiding the personal representative through the process of administering the estate. Attorneys with the Florida Probate Law Firm will guide you through the probate process, and will be responsible for tracking deadlines and filing the necessary pleadings with the probate court.

Probate Process FAQs

  • Where is probate handled?
  • Do I need the original will?
  • Do I need to file tax returns for the estate?
  • Do I need to give notice to secured creditors?
  • How are estate creditors handled?
  • How does the probate process work?
  • How is the Internal Revenue Service (IRS) involved in the probate process?
  • Is there a small estate exception to probate?
  • My spouse died and left a will leaving his assets to me and my children. Do we have to probate the will?
  • The decedent owed me money. How do I file a claim against the estate?
  • Are probate records available on the internet?
  • How should I deal with the time and cost of probate?
  • Do life insurance or retirement benefits need to go through probate?
  • What is a formal probate?
  • What is ancillary probate?
  • What rights do surviving family members have in probate?
  • What should I do to prepare for seeing a probate attorney?
  • How can I plan to avoid or minimize probate?
  • How long will probate take?
  • How can an attorney assist me in the probate process?
  • Why is it important to know the names and addresses of the family members and relatives of the deceased?
  • What is probate?
  • What are Letters of Administration in Probate?

Contact Us

Get A 30 minute Free Consultation

Contact Us

Florida Probate

  • Estate Administration
  • Trust Administration
  • Creditor Claims
  • Estate Tax Returns
  • Asset Transfer
  • Estate Planning for Survivors
  • Counties Servicing
  • Ancillary Probate
  • Probate Litigation
  • Professional Executor
  • Wrongful Death
  • Our People
  • Why Choose Us?
  • Testimonials
  • Resources
  • FAQs
  • News & Press
  • COVID Virtual Meetings & Policies

Contact

(561) 210-5500 info@floridaprobatefirm.com
© 2023. Florida Probate Law Firm | All Rights Reserved | Privacy Policy | Disclaimer | Accessibility
Florida Probate Law Firm
  • Services
    • Florida Probate
      • Asset Transfer
      • Estate Administration
      • Estate Planning for Survivors
      • Creditor Claims
      • Designated Beneficiaries
      • Estate Tax Returns
      • Lack of Capacity
      • Trust Administration
      • Undue Influence
    • Ancillary Probate
    • Probate Litigation
    • Professional Executor
    • Wrongful Death
  • Our People
  • Why Choose Us?
  • News & Press
  • Testimonials
  • Contact Us