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Probate Lawyers
The loss of a loved one brings emotional stress, and often, legal complexity. If you’ve recently lost a family member, you may be faced with managing their estate through Florida’s probate court system. Many people are unprepared for the paperwork, deadlines, and legal decisions that must follow. Even straightforward estates can become difficult when disputes arise or assets are scattered across multiple accounts.
Probate doesn’t have to feel overwhelming. A qualified probate lawyer can help guide you through every step of the process. Legal counsel ensures that the estate is handled properly, debts are settled in the correct order, and assets are distributed as intended. Working with an attorney can reduce delays, avoid costly mistakes, and relieve some of the burden during a challenging time.
At the Law Offices of Petrovitch & Kutub, we provide reliable probate guidance to families across Florida, including West Palm Beach, Fort Lauderdale, and Boca Raton. Our firm focuses exclusively on estate planning, probate, guardianship, and elder law. This focus gives us deep insight into Florida’s probate courts and procedures. We offer personalized attention and clear communication every step of the way.
Understanding the Florida Probate Process
Probate is the court-supervised process of identifying and gathering a deceased person’s assets, paying debts and taxes, and distributing remaining assets to beneficiaries. The type of probate required depends on the size and complexity of the estate. In Florida, there are three main types:
- Formal Administration
This is the most common type of probate for larger estates. It involves filing a petition in probate court, appointing a personal representative, notifying creditors, and managing court oversight throughout the administration. - Summary Administration
A simplified process may apply if the estate’s value is less than $75,000 (excluding exempt assets), or if the decedent has been dead for more than two years. Summary administration requires less documentation and can often be completed more quickly. - Disposition Without Administration
In rare cases where the estate consists only of exempt and minimal non-exempt assets, no formal probate may be needed. This is known as disposition without administration and is only available under specific conditions.
The Role of a Probate Lawyer in Florida
A probate attorney is crucial in ensuring the estate is handled efficiently and according to Florida law. At the Law Office of Petrovitch & Kutub, we assist with:
- Filing necessary court documents
- Representing the personal representative (executor)
- Locating and valuing assets
- Communicating with creditors and settling debts
- Resolving disputes among beneficiaries
- Filing tax documents and closing the estate
Having legal guidance ensures the personal representative stays compliant with all court requirements. Even well-intentioned executors may run into delays, legal challenges, or liability risks without a knowledgeable probate attorney.
Avoiding Probate with Proper Planning
While probate is sometimes necessary, many families can avoid or minimize it with proper estate planning. This might include creating a living trust, designating beneficiaries on accounts, or jointly titling assets.
Our firm helps clients build estate plans designed to reduce probate exposure. If your loved one had an estate plan, we will review the documents and determine how much of the estate can pass outside of probate. If no plan exists, we’ll help you take the necessary legal steps with care and efficiency. We also provide long-term planning strategies tailored to your specific family circumstances, helping ensure your wishes are honored and future legal complications are avoided.
Probate Disputes and Contested Estates
Unfortunately, disagreements between heirs or concerns about the validity of a will can lead to probate litigation. These disputes may involve claims of undue influence, improper execution, or questions about a person’s mental capacity.
In such cases, our firm provides representation in contested probate matters. We aim to resolve conflicts respectfully and professionally while protecting our client’s interests and preserving family relationships wherever possible. We carefully analyze the facts, assess all available legal remedies, and advocate effectively in court to uphold your rights and ensure the estate is administered according to the decedent’s true intentions.
Frequently Asked Questions
How long does probate take in Florida?
Formal probate typically takes six to twelve months but may last longer if disputes arise. Summary administration may be completed in a few weeks to a few months.
Is probate always required in Florida?
Not always. Estates with minimal assets or those structured with proper planning (e.g., trusts or beneficiary designations) may avoid probate.
Can I handle probate without a lawyer?
Probate is legally possible but often impractical. It involves strict procedures, deadlines, and legal terminology, and mistakes can lead to delays, disputes, or personal liability.
What if there is no will?
If the decedent died without a valid will, Florida’s intestate succession laws determine how the estate is distributed. A probate lawyer can help ensure the correct process is followed.
Can a will be contested after probate has started?
Yes, but time limits apply. If you suspect fraud or undue influence, immediately speak with a probate attorney to preserve your rights.
Personalized Probate Support from PK Legal Group
Losing a loved one is hard enough without the added burden of legal red tape. Florida’s probate process can feel overwhelming, especially if you’re unfamiliar with the required steps or dealing with family conflict.
PK Legal Group brings clarity to this process. With deep knowledge of probate law and a commitment to compassionate service, we help Florida families settle estates efficiently and respectfully.
Whether you’re facing formal administration, summary administration, or probate litigation, we’re here to help. Contact us today to schedule a consultation and take the first step with a trusted legal advocate at your side.