Daytona Beach Probate Attorneys
Probate court in Florida
Probate courts supervise addressing a person’s debts and distributing assets after he or she passes away. There are two ways of handling probate in the state of Florida:
- Formal administration
- Summary administration
The law provides summary administrations for estates that are worth less than $75, 000 or the decedent died two or more years ago. Estates that do not meet these criteria, and even some that do, are subject to formal administration.
The formal administration process serves to inspect debts and assets very carefully. Estates that undergo formal proceedings often require the attention of a probate lawyer.
At Every, Stack & Upchurch, our attorneys act as guides for the decedent’s personal representative. The personal representative, named in the will, has a duty to provide estate information to various parties. We also provide personal representative services to our clients when necessary.
Personal representative requirements
A qualified personal representative will receive Letters of Administration that grant him or her authority to handle the probate affairs:
- Publish a "Notice to Creditors" in a local newspaper, giving parties with claims the opportunity to file them
- Notify the invested parties about the administration with information about the procedures for contesting parties to follow
- Diligently search for “known or reasonably ascertainable” creditors and notify them of the time limit in which to file claims with the court
- Pay valid claims
- Employ professionals to help in the estate administration
- Object to invalid claims and defend suits brought based on them
- File and pay any taxes due
- Pay administration expenses
- Distribute assets to beneficiaries
- Pay statutory amounts to deceased’s family
- Close the probate estate
Even the simplest probate proceeding may face disputes. The lawyers of Every, Stack & Upchurch have spent their legal careers involved with estate planning law. We provide the assistance you need, whether it is as an advisor or a personal representative.
Call our office to speak to a lawyer about an existing or pending probate court proceeding. We also invite you to learn more about our estate planning services.