Probate and Trust Administration

Probate is the process by which the assets of a deceased person are distributed to their heirs or beneficiaries. If the person dies with a will in place, it is considered “testate” and the will generally dictate how the assets are distributed. If a person dies without a will in place, it is considered “intestate” and Chapter 732 of the Florida Probate Code will dictate who receives what. The process of distributing the assets and dealing with any creditors of the estate is called “administration.” Effective Estate Planning can reduce or eliminate the need for probate proceedings.

Types of Probate Proceedings:

• Formal Administration
• Ancillary Administration
• Summary Administration
• Petition to Determine Homestead Status of Real Property
• Petition for Authorization to Open Safe Deposit Box

Trust Administration is the process by which the Trustee of a decedent’s trust distributes the assets according to the terms of the Trust Agreement upon the death of the grantor. Having a Trust can be a great way to avoid probate, keep one’s beneficiaries and assets private, and potentially minimize creditor’s access to funds.