Probate Services
Probate is the legal process of transferring of property upon a person's death. Although Florida's Probate Code has changed over the years, the process is generally the same, which is formalizing a deceased friend or family member's intentions as to the transfer of their property when they die (usually in a will an last testament), their property is collected, debts that must be paid are paid by the estate, and the property is distributed.
In Florida the process is completed in the Probate Court. Property subject to the probate process in Florida is the property owned by a friend or loved one at the time of his or her death, which does not go to others by documents such as life insurance policies or certain "payable on death" banking accounts.
Today the probate process is a court-supervised process that is designed to sort out the transfer of a person's property at death. Property subject to the probate process is that owned by a person at death, which does not pass to others by designation or ownership (i.e. life insurance policies and "payable on death" bank accounts).
Usually, the decedent names a person (executor) to take over the management of his or her affairs upon death. If the decedent fails to name an executor, the court will appoint a personal representative, or administrator, to settle the estate.
The Florida Probate Code contains two primary types of estate administration. The first is Summary Administration, which is for estates valued at less than $75,000. The second is Formal Estate Administration, which is for estates valued at over $75,000. Summary estate administration typically takes between one and two months to complete. The formal estate administration process timeline is much longer and based on many variables regarding the complexity of the estate.
Probate Litigation
Probate litigation is a highly specialized branch of probate practice where non-probate attorneys rarely venture. Our attorneys are equipped with more than 25 years of knowledge of substantive probate law. Having tried hundreds of bench and jury trials, we are sufficiently versed in trial procedure. The attorneys at Stephen H. Artman, P.A. not only have the trial experience, but also the substantive probate knowledge to recognize the deficiencies or strengths of their clients.
Stephen H. Artman, P.A. works with clients on probate litigation matters including will contests. Under Florida Law, a will must comply with the Statute of Wills. The usual will disputes involve:
Mistake in Execution
A will in Florida is not valid unless it is:
In Florida the process is completed in the Probate Court. Property subject to the probate process in Florida is the property owned by a friend or loved one at the time of his or her death, which does not go to others by documents such as life insurance policies or certain "payable on death" banking accounts.
Today the probate process is a court-supervised process that is designed to sort out the transfer of a person's property at death. Property subject to the probate process is that owned by a person at death, which does not pass to others by designation or ownership (i.e. life insurance policies and "payable on death" bank accounts).
Usually, the decedent names a person (executor) to take over the management of his or her affairs upon death. If the decedent fails to name an executor, the court will appoint a personal representative, or administrator, to settle the estate.
The Florida Probate Code contains two primary types of estate administration. The first is Summary Administration, which is for estates valued at less than $75,000. The second is Formal Estate Administration, which is for estates valued at over $75,000. Summary estate administration typically takes between one and two months to complete. The formal estate administration process timeline is much longer and based on many variables regarding the complexity of the estate.
Probate Litigation
Probate litigation is a highly specialized branch of probate practice where non-probate attorneys rarely venture. Our attorneys are equipped with more than 25 years of knowledge of substantive probate law. Having tried hundreds of bench and jury trials, we are sufficiently versed in trial procedure. The attorneys at Stephen H. Artman, P.A. not only have the trial experience, but also the substantive probate knowledge to recognize the deficiencies or strengths of their clients.
Stephen H. Artman, P.A. works with clients on probate litigation matters including will contests. Under Florida Law, a will must comply with the Statute of Wills. The usual will disputes involve:
Mistake in Execution
A will in Florida is not valid unless it is:
- Signed by the testator at the end of the will,
- The signature is witnessed or acknowledged in the presence of two witnesses, and
- The witnesses must sign the will in the presence of the testator and the other witnesses.
Undue Influence
A will may be invalid if the person making the will in Florida did not create the will or modify the will freely or was coerced by a person who was in a position of trust and control.
Lack of Capacity
A will in Florida may be declared invalid if when it is signed by the testator or creator did not have the requisite mental ability to understand:
A will may be invalid if the person making the will in Florida did not create the will or modify the will freely or was coerced by a person who was in a position of trust and control.
Lack of Capacity
A will in Florida may be declared invalid if when it is signed by the testator or creator did not have the requisite mental ability to understand:
- The amount and nature of the property
- Who would have normally received the property, and
- How the will disposes of the property.
Elective Share
A surviving spouse in Florida has the right to live in the marital home for his or her remaining years. That spouse is also entitled to a statutory minimum share of the estate, even if the testator left the spouse with nothing in the will or trust.
If you are challenging a Florida will or trust, the attorneys at Stephen H. Artman, P.A. will aggressively litigate to have it overturned or corrected. An earlier will or trust may be able to prevail, or a probate judge may apportion the estate as fairness and what law dictates. We can also serve as attorney for the estate to defend against claims from creditors, unhappy heirs, or those who were intentionally disinherited.
A surviving spouse in Florida has the right to live in the marital home for his or her remaining years. That spouse is also entitled to a statutory minimum share of the estate, even if the testator left the spouse with nothing in the will or trust.
If you are challenging a Florida will or trust, the attorneys at Stephen H. Artman, P.A. will aggressively litigate to have it overturned or corrected. An earlier will or trust may be able to prevail, or a probate judge may apportion the estate as fairness and what law dictates. We can also serve as attorney for the estate to defend against claims from creditors, unhappy heirs, or those who were intentionally disinherited.
Contested Guardianship
If an appointed guardian is stealing assets or not looking out for the best interests of the ward, one can sue to have that person removed by a Florida court and petition to have another family member or a professional guardian installed.
Breach of Fiduciary Duty
If you suspect that the personal representative or trustee is stealing or siphoning off from the estate, or is otherwise unfit or incompetent to perform his or her duties under Florida Law, one can seek to have him or her removed and sue for restitution and damages under Florida Law. Our probate attorneys also defended executors and trust administrators wrongly accused of wrongdoing by those who don't understand that probate or estate administration is a long and time-consuming process and that honest mistakes can happen.
If you or someone you know needs the assistance of an experienced Florida probate attorney, contact us or complete the contact form to arrange a consultation. Se habla espanol.
If an appointed guardian is stealing assets or not looking out for the best interests of the ward, one can sue to have that person removed by a Florida court and petition to have another family member or a professional guardian installed.
Breach of Fiduciary Duty
If you suspect that the personal representative or trustee is stealing or siphoning off from the estate, or is otherwise unfit or incompetent to perform his or her duties under Florida Law, one can seek to have him or her removed and sue for restitution and damages under Florida Law. Our probate attorneys also defended executors and trust administrators wrongly accused of wrongdoing by those who don't understand that probate or estate administration is a long and time-consuming process and that honest mistakes can happen.
If you or someone you know needs the assistance of an experienced Florida probate attorney, contact us or complete the contact form to arrange a consultation. Se habla espanol.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
