Probate and Estate Administration

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

🧾 What Is Probate in Florida?

Probate is the court-supervised process of distributing a deceased person’s estate. This includes:

• Identifying assets
• Paying debts and taxes
• Distributing remaining property to rightful heirs or beneficiaries

👥 Who’s Involved in Probate?

Depending on the case, the following may play a role:

• Circuit Court Judge
• Clerk of the Circuit Court
• Personal Representative (Executor)
• Attorney for the Personal Representative
• Creditors (e.g., card companies, medical providers)
• IRS (for tax matters)

🗂️ Filing for Probate

Probate begins by filing the will and required documents with the Clerk of the Circuit Court in the decedent’s home county.

• A filing fee is required
• A case number is assigned
• Financial documents are kept private to protect the estate

🧑‍⚖️ The Judge’s Role

The judge will:

• Validate the will (or identify heirs if no will exists)
• Appoint the personal representative
• Issue Letters of Administration
• Resolve any disputes or challenges in court

🧑‍💼 What Does a Personal Representative Do?

The personal representative (PR) is responsible for:

• Identifying and valuing estate assets
• Publishing a Notice to Creditors
• Notifying creditors and heirs
• Filing tax returns
• Paying debts and taxes
• Distributing assets
• Closing the estate

⚠️ Mismanaging the estate can result in personal liability for the PR.

👤 Who Can Serve as a Personal Representative in Florida?

Eligible Individuals:

• Florida residents

• Close relatives (spouse, child, sibling, etc.)

Eligible Institutions:

• Florida trust companies

• Qualified banks with fiduciary powers

📜 Who Chooses the PR?

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

🧑‍⚖️💼 Why Hire a Probate Attorney?

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.

💳 How Are Debts Handled?

A major goal of probate is settling debts. The PR must:

• Notify creditors
• Allow 3 months to file claims
• Dispute invalid claims
• Pay valid debts before making distributions

🧾 Taxes & the IRS

Probate creates a new tax entity: the estate. The PR may need to file:

• Form 1040 – Final individual income tax return
• Form 1041 – Estate income tax return
• Form 706 – Estate tax return (if applicable)
• Form 709 – Gift tax return (if applicable)

⚠️ In some cases, the PR can be personally liable for unpaid federal taxes.

📌 No state estate taxes are due in Florida.

👪 Rights of the Surviving Family

Even if not named in the will, spouses and children may be entitled to:

• Homestead rights
• Elective share (usually 30% of all assets)
• Family allowance
• Exempt property

📝 These rights can be waived in a valid marital agreement. An attorney should guide enforcement or defense of these claims.

🛠️ Simplified Probate Options

Florida offers alternatives to formal administration:

⚡ Summary Administration

Available if:

• Estate is valued under $75,000, or

• Decedent has been deceased for over 2 years

🪙 Disposition Without Administration

Available if estate assets only cover:

• Up to $6,000 in funeral costs

• Last 60 days of final illness medical bills

📞 Let Our Attorneys Help You Navigate Probate

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