Probate Attorney in Stuart, Florida

Probate is a legal process that takes place after someone passes away. It involves proving that the decedent’s will is valid, inventorying their estate, satisfying creditor claims, and distributing assets to beneficiaries.

Probate can be fairly straightforward or extremely complex, depending on the size of the decedent’s estate and other factors. If you are a family member or a personal representative responsible for settling a deceased person’s estate, contact us at the Law Offices of Keane, Thomas & Pinnacoli. Our dedicated legal team can help you navigate probate and estate administration in the area of Stuart, Florida.

Generally, every asset the decedent owned is subject to probate, with a few exceptions:

• Property the decedent owned jointly with a surviving spouse
• Real estate listed as joint title with right of survivorship
• Checking, investment, and retirement accounts with designated beneficiaries
• Assets placed in a revocable living trust during the decedent’s lifetime
• Personal property, like home furnishings and motor vehicles, up to a certain value

An experienced Florida probate attorney can help you understand which assets in the estate you’re settling require probate.

The Probate Process

Depending on their value, Florida estates may go through one of two probate processes:

• Summary Probate. Small estates worth up to $75,000 (aside from probate-exempt property) may go through summary probate administration, a simpler, faster, and cheaper legal procedure compared to formal probate. Summary probate may also be an option for large estates if the decedent had passed at least two years ago.
• Formal Probate. Formal probate administration is the standard procedure for estates with over $75,000 worth of probate assets. Formal probate starts with filing a petition with the probate court, after which the court will authorize a personal representative (usually the person the decedent appointed in their will) to begin estate administration. After the representative settles the estate and distributes the remainder of the assets, the probate court will officially close the estate.

Formal probate administration usually takes between six and nine months in Florida. This timeframe includes the three-month deadline creditors have to file claims. However, probate may drag out if the estate is very large or complex, or if disputes arise during the process.

Timing is important when you’re preparing to file for probate. It’s usually advisable to assess the decedent’s debts and creditors before filing. You may need to follow a certain procedure to declare specific assets as exempt from creditor claims.

However, delaying probate is also unwise since the personal representative needs the probate court to give them authority to secure and manage the estate. Also, distribution of assets to beneficiaries can’t take place until the probate is complete. Our competent probate attorneys can let you know when to file for probate at the right time and help you handle all probate court procedures.

As a personal representative, you will be under a fiduciary duty to act according to the decedent’s wishes and in the best interests of the beneficiaries. Our skilled probate lawyers can help you handle all estate administration tasks correctly and efficiently.