At St. Johns Law Group, our team of over 10 experienced attorneys offers knowledgeable and compassionate legal guidance for all matters involving Probate and Estate Administration. We assist personal representatives, trustees, heirs, and beneficiaries at every step of the process.
Whether your case involves a straightforward administration or complex estate litigation, we can help with:
✅ Drafting and filing petitions
✅ Nominating personal representatives
✅ Identifying and notifying interested parties
✅ Counseling personal representatives on fiduciary duties
✅ Advising heirs and potential heirs
✅ Asserting inheritance claims
Probate is the court-supervised process of distributing a deceased person’s estate. This includes:
Depending on the case, the following may play a role:
Probate begins by filing the will and required documents with the Clerk of the Circuit Court in the decedent’s home county.
The judge will:
The personal representative (PR) is responsible for:
⚠️ Mismanaging the estate can result in personal liability for the PR.
Eligible Individuals:
Florida residents
Close relatives (spouse, child, sibling, etc.)
Eligible Institutions:
Florida trust companies
Qualified banks with fiduciary powers
If there is a will, the named individual is usually appointed.
If there is no will:
1️⃣ The surviving spouse is first in line
2️⃣ Heirs can choose by majority
3️⃣ If no agreement, the judge appoints someone
Probate law is complex. A qualified attorney helps ensure:
✅ Compliance with legal procedures
✅ Protection from costly mistakes
✅ Proper filing of paperwork
✅ Court representation when needed
🔍 The personal representative may choose any attorney—even if one is named in the will.
A major goal of probate is settling debts. The PR must:
Probate creates a new tax entity: the estate. The PR may need to file:
⚠️ In some cases, the PR can be personally liable for unpaid federal taxes.
📌 No state estate taxes are due in Florida.
Even if not named in the will, spouses and children may be entitled to:
📝 These rights can be waived in a valid marital agreement. An attorney should guide enforcement or defense of these claims.
Florida offers alternatives to formal administration:
Available if:
Estate is valued under $75,000, or
Decedent has been deceased for over 2 years
Available if estate assets only cover:
Up to $6,000 in funeral costs
Last 60 days of final illness medical bills
With decades of combined experience, St. Johns Law Group is here to support you through each step of probate and estate administration.
📍 Based in St. Augustine
🧑💼 Local attorneys who understand Florida law
📅 Schedule a consultation today