If a loved one has passed away and you are unsure about what steps to take or how to proceed, PTM Trust and Estate Law can guide you through this challenging time. Every situation is unique, and every case is different. Thus, the necessary tasks and next steps vary greatly depending on your individual situation.
When we get a a probate call, often the first things we tell the client is to order short form death certificates and to wait on paying debts of the estate. The short form death certificates are used for a variety of purposes, including opening up the probate itself. And we generally tell people to wait on debts because there is a creditor process in Florida that might result in your not needing to pay back each apparent debt of the estate. It may also be that some of those debts can be settled for smaller amounts.
PTM Trust and Estate Law
200 NW 75th Drive
Suite B
Gainesville, FL 32607
Info@PTMLegal.com
PTM Trust and Estate Law handles probates all across Florida. We work statewide and typically charge flat fees for our work.
The probate process typically involves the following steps:
Filing the deceased person’s will with the probate court;
Petitioning the probate court to open an estate;
Identifying the deceased person’s assets and creating an inventory;
Appraising the assets, as appropriate;
Paying the debts and taxes of the deceased person, when needed; and
Distributing the remaining assets to the heirs/beneficiaries.
A Florida estate administration may also encompass other tasks, such as closing the deceased person’s accounts, deeding real estate, and the handling of assets not subject to the probate court, such as assets on which a beneficiary was properly named (commonly an insurance policy or retirement account).
A personal representative (the estate administrator in Florida) oversees the probate process and handling the day-to-day responsibilities of estate administration.
We provide the following legal services to clients regarding probate:
Probate of formal estates
Probate of summary administrations (typically, smaller estates)
Transfer of homestead property to heirs
Often a person who owned property in Florida died as a resident in a different state. In those situations, ancillary probate will be necessary. This commonly comes up with Florida real estate. If the real property was owned in the name of an out-of-state resident, that property will need to go through the Florida probate process. If you are an executor or estate administrator in a different state who is facing this problem, please contact us and we will be glad to help.
We are happy to meet with any of our clients in our office located in Gainesville, FL. The office is found off of Tower Road. Please make an appointment for your visit.
We are happy to meet with you either by phone or over zoom if you are not in the Gainesville area. Probates do not require in person conversations with a law firm; we represent clients from all across the state of Florida.
Probate is required to settle the remaining affairs of the deceased. It also facilitates the transfer of assets from the decedent’s name to the rightful beneficiaries.
The length of probate varies based on the complexity of the estate and whether there are any disputes. On average, it can take 6 months to over a year. Complicated estates or contested wills may take longer.
Yes, an estate may owe federal or state taxes, depending on its value. Additionally, individual states may impose estate or inheritance taxes. The executor is responsible for filing the deceased’s final tax returns and paying any taxes owed.
Yes, during probate, an heir or interested party can contest the will if they believe there was fraud, undue influence, or that the deceased lacked the mental capacity to create the will. This can lead to litigation and delay the probate process.
The estate is responsible for paying any outstanding debts, but only if the creditor makes a timely claim against the estate. The personal representative must notify known or ascertainable creditors and use estate assets to settle debts before distributing the remaining assets to beneficiaries. If the estate lacks sufficient funds, some debts may go unpaid.
PTM Trust and Estate Law is happy to answer your questions about probate. Please call 352-554-5576 or contact us online to schedule a free consultation. If you do not live near Gainesville, then we will be happy to schedule a free phone meeting instead.
