Probate and Trust Administration

Probate is the court proceeding through which a will is proved to be valid and the estate of a decedent is administered. The process, generally, includes inventorying a decedent's assets, notification of beneficiaries and creditors, payment of allowed creditors' claims including income and estate taxes, and distribution of property to heirs.

Florida law requires that the personal representative (executor) of the estate of a Florida decedent be represented by a Florida attorney.  The fees of both the personal representative and the attorney are provided by statute, but these can be varied by agreement.

If assets are held in a Living Trust or are otherwise owned in a way that avoids probate, then this legal process is avoided, which may save substantial legal and administrative fees, primarily because the trust administration process is much more streamlined and generally requires almost no court involvement.

We administer probate estates on both the statutory percentage and hourly fee basis, depending upon our agreement with the specific client.  We perform trust administration services on an hourly basis.

Because a routine probate administration is handled by mail and telephone and generally does not require personal court appearances by the attorney for the estate or the personal representative, we can administer estates of decedents being probated in any part of Florida.  If a personal appearance in the unlikely event of a court hearing is required in a distant location, local counsel will be retained to represent the estate, and the fees charged the estate for this additional representation will not exceed what we would have charged for attending a hearing in Pinellas County.