Sarasota Probate Attorney

Reliable Counsel for Probate Matters

Probate is necessary to pass ownership of the decedent’s probate assets to the decedent’s beneficiaries. If the decedent left a valid will, it will need to be admitted to probate in the court and will then be used to pass ownership of probate assets to the decedent’s beneficiaries. If the decedent had no will, probate is necessary to pass ownership of the decedent’s probate assets to those persons who are to receive them under Florida law.

Understanding probate can be a daunting task, particularly for those grieving the loss of a loved one. At The Edwards Law Firm, PL, we aim to ease this process by providing compassionate and knowledgeable support. Our team is well-versed in the intricacies of Florida's probate laws, ensuring that we can assist you efficiently and precisely. Our offices are conveniently located, making it easy for Sarasota residents to access legal assistance without unnecessary hassle.

We also emphasize the importance of identifying probate assets early on. This step remains crucial for streamlining the probate process, ultimately saving time and reducing stress for beneficiaries. We encourage our clients to discuss their estate plans with us in advance for a smoother transition when the time comes.

Rely on the expertise of a skilled probate attorney in Sarasota. Contact us or call (800) 896-3619 now to arrange your consultation without delay.

Understanding the Probate Process

The probate process in Sarasota, FL, is governed by a set of state-specific laws designed to ensure the decedent's estate is administered correctly. Florida statutes dictate various aspects of probate, including the validation of wills and the appointment of personal representatives. Navigating these regulations can be complex, particularly for individuals unfamiliar with the legal system. At The Edwards Law Firm, PL, we provide guidance throughout each step, ensuring compliance and efficiency. Our familiarity with the local Sarasota County Court system further facilitates a smoother process for our clients. Probate can involve multiple stages, such as petitioning the court, identifying assets, notifying creditors, and distributing property, all requiring careful attention to detail and an understanding of Florida law.

Key Factors Influencing Probate in Sarasota

One of the critical considerations in Sarasota's probate is the distinction between formal and summary administration. Florida law allows for summary administration, a simplified probate process, when the total value of the estate is less than $75,000 or if the decedent has been deceased for more than two years. This can significantly reduce the time and complexity involved. Conversely, formal probate is more detailed and can be necessary for larger or more complex estates. Understanding these processes is imperative, and our team at The Edwards Law Firm, PL excels in advising clients on the most appropriate approach for their unique circumstances.

What Are Probate Assets?

Probate only applies to the assets owned by the decedent prior to death that do not have some other mechanism that automatically transfers the asset to a co-owner or beneficiary.

For example:

• Bank or Investment Accounts - If the account is solely in the name of the decedent and there isn’t a beneficiary already named in the bank records or a “POD designation,” then that account could be considered a probate asset. Conversely, if the account is jointly held, it cannot be considered a probate asset.
• Life Insurance Policy, Annuity, or IRA - If these are payable to a specific beneficiary, they are not considered probate assets. Alternatively, if these assets are payable to the decedent’s estate, they are considered probate assets.
• Real Estate Titles - Except homestead property, if a title is solely in the decedent’s name or in the name of the decedent and another tenant in common, then it is considered a probate asset. However, a real estate title held by both the decedent and one or more joint tenants with survivorship rights is not considered a probate asset.
• Marital Assets - Property owned between a husband and wife is not considered probate assets, as the entirety of one's assets automatically goes to the surviving spouse.
• Living Trust or Revocable Trust - Property owned by a living trust or revocable trust will pass to the successor trustee without having to go through probate.

The personal representative is the person in charge of the administration of the decedent’s probate estate. If the decedent died with a will, the will usually names the person to act as the personal representative. In Florida, the term "personal representative" is used instead of terms like "executor, executrix, administrator, and administratrix."

 How Is the Personal Representative Compensated?

The personal representative is entitled by law to reasonable compensation under the Florida state statute, Section 733.617, which provides for compensation to the personal representative of 3% for most estates and can be more or less depending on the circumstances of the case.

Appointing a skilled probate attorney to assist in probate matters is essential. Our team at The Edwards Law Firm, PL understands that each case is unique and requires meticulous attention to detail. We collaborate closely with personal representatives to offer guidance tailored to their specific situation. This partnership ensures that all steps are conducted in compliance with Florida law, minimizing potential disputes or delays. Furthermore, our Sarasota location is familiar with the local probate courts, enabling us to offer insightful and effective representation.

The probate court will require that a personal representative hire an attorney to assist in the administration of the decedent’s probate estate. Many legal issues arise, even in the simplest probate estate administration, and most of these issues will be novel and unfamiliar to non-attorneys.

The attorney for the personal representative assists and advises the personal representative in each step of the probate process and represents the personal representative in probate estate proceedings. The personal representative may choose to engage any attorney and is not bound to hire a particular attorney or firm if set forth in the will.

Contact our experienced Sarasota probate lawyer now to see the difference we can make for you.

Frequently Asked Questions

What is the Difference Between Formal and Summary Administration in Florida?

In Florida, the type of probate administration required can significantly affect the duration and complexity of the process. Formal administration is generally required for larger estates and involves a more comprehensive court-supervised process, ensuring that all legal requirements are met. It includes several steps, such as filing a petition for administration, informing creditors and beneficiaries, and obtaining necessary court approvals for asset distribution. This process can take several months to a year to complete, depending on the estate's complexity.

On the other hand, summary administration is an expedited process suitable for small estates with a value of less than $75,000, or if two years have passed since the individual's death. This type of probate allows for the faster distribution of assets, minimizing administrative burdens. At The Edwards Law Firm, PL, we evaluate each client's circumstances closely to determine the most efficient probate route, ensuring compliance with legal statutes while protecting client interests.

How Can Family Members Contest a Will in Sarasota?

Contesting a will in Sarasota involves challenging the will's validity based on specific legal grounds. These can include allegations of undue influence, lack of testamentary capacity, or non-compliance with formal execution requirements. Undue influence can occur if the decedent was persuaded to alter their will under coercion or manipulation, often requiring substantial evidence to prove.

Contestants typically must file their objections with the Sarasota County Probate Court within a specified period after the will has been submitted for probate. It's crucial to enlist the services of an experienced probate attorney who can provide guidance on local court procedures and strategic options. At The Edwards Law Firm, PL, our comprehensive approach to these sensitive matters focuses on clarity and resolving disputes efficiently to uphold family dynamics and honor the decedent's true intentions. Connect with a qualified probate attorney at our firm now.

What Are the Responsibilities of a Personal Representative in Florida?

Appointed by the court, a personal representative holds the responsibility for managing the decedent's affairs during the probate process. This role involves gathering and inventorying estate assets, notifying creditors and paying legitimate debts, managing estate funds, and distributing remaining assets to the rightful beneficiaries. The personal representative is also required to file necessary tax returns to ensure compliance with tax obligations.

Such tasks demand precision and dedication, often requiring the personal representative to work hand-in-hand with legal counsel to navigate complex probate laws. At The Edwards Law Firm, PL, we provide unparalleled support to personal representatives, facilitating a streamlined process that adheres to legal duties and timelines. Our assistance alleviates stress, allowing clients to focus on their families while we handle the intricacies of probate administration with transparency and professionalism.

What Is the Personal Representative Entitled To?

The attorney for the personal representative is entitled by law to reasonable compensation by statute. Section 733.6171 provides for reasonable compensation to the attorney for the personal representative starting at $1,500.00 for small estates and for 3% of the estate for estates under $1,000,000 with extraordinary services requiring additional compensation. Our Sarasota probate attorneys would be honored to apply our expertise to your circumstances and guide you toward a favorable resolution. Schedule your consultation in Sarasota, FL today!

The role of a personal representative is significant and carries with it a host of responsibilities. Not only is the personal representative tasked with managing the decedent's estate, but they must also ensure that all obligations are met in accordance with the probate laws. This includes identifying all assets, paying debts and taxes, and distributing the remaining property as per the decedent's wishes. As such, understanding their entitlement to compensation is crucial for balancing the duties they undertake.

Engaging a proficient attorney will ease the burden of the personal representative significantly. At The Edwards Law Firm, PL, we offer personalized guidance to help navigate the complexities of estate administration. Our familiarity with Sarasota’s probate requirements allows us to foresee potential challenges and address them proactively, ensuring a smoother and more efficient process. This assurance provides peace of mind not only for personal representatives but also for beneficiaries who are keen on honoring the decedent's legacy seamlessly.

Connect with an experienced probate attorney in Sarasota without delay. Submit an online form to get started.