Florida Probate, Estate and Trust Administration Attorneys
Probate, Estate and Trust administration is a multifaceted area of our practice. Estate and trust administration are a processes by which assets are distributed to, or for the benefit of, the intended beneficiaries following the terms of the will or trust. The process begins with the gathering of information, valuation of the assets of the estate or trust, accounting to the beneficiaries and concluding with the final distribution of the assets to the beneficiaries. We represent the personal representatives of estates and trustees of trusts in all aspects of estate and trust administration, including the preparation and filing of federal estate tax returns, fiduciary income tax returns and the audit of federal estate and gift tax returns. We represent clients throughout the State of Florida with respect to their individual rights as a beneficiary of an estate or trust, including the spousal elective share requirements and other legal rights.
Attorney Craig F. Snyder can help you with your estate, probate and trust administration needs and provide related estate planning services to clients in Palm Beach, West Palm Beach, Palm Beach Gardens, Boca Raton, Jupiter and the entire southeast area of Florida.
Frequently asked Questions about Probate
Q. What is probate?
A. Probate is the process by which the court gives recognition to an individual's will, or if none, then "the will" according to state law. The court appoints a Personal Representative to administer the estate and ensure the proper distribution of the assets to the intended beneficiaries. Click here for a general guide to probate procedures.
Q. How much does probate cost?
A. The cost depends on the type of probate filed and what assets are involved, but in total probate costs are comprised of attorney’s fees and related expenses such as court filing and other similar charges. The Florida Probate Code publishes what it considers reasonable attorney's fees for ordinary services related to probate and trust administration. Keep in mind that not every attorney charges by this schedule. Common methods to determine an attorney’s fee include charges by the hour, charges at a fixed fee, or some variation which may consider the size and the complexity involved in collecting all assets of the estate, paying all debts of the estate, distributing the assets that may then remain among those entitled of the estate, and doing such other acts that are necessary and proper for the full and complete administration of the estate. In all cases, however, fee arrangements for probate representations must be reasonable and consistent with the duties required to counsel and advise the client for the specific situation.
Q. Do I need a lawyer for probate?
A. In Florida, every Personal Representative, unless the Personal Representative is the sole interested person, shall be represented by an attorney who is admitted to practice in the State of Florida. While you may be able to make it through the probate process alone, there are many nuances to the probate process, and navigating through those nuances can be tricky. Keep in mind, if you needed surgery, you would see a surgeon. You wouldn't do the surgery yourself.
Q. How long does the probate process take?
A. It depends on what type of probate is filed. For small estates, the process can be extremely short. For larger estates that are not required to file an estate tax return(Form 706), the process can take from 4-12 months. For estates that are required to file an estate tax return, the process will most likely last for at least 18-24 months.
Q. I know that a trust can avoid the probate process, does this mean that nothing has to be done after death?
A. No, trusts need to be administered too! State law regarding trusts, as well as the trust words itself will dictate what actually needs to be done.
If your questions are still unanswered, please email us at: Info@estatebiz.net
We serve the communities of Palm Beach, West Palm Beach, Palm Beach Gardens, Boca Raton, Jupiter and the entire southeast area of Florida. We thank you for visiting our site and welcome the opportunity to serve your legal needs.
