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Stephen H. Artman, P.A.
863-940-0874

Stephen H. Artman

Delivering Legal Excellence Through Life’s Most Important Concerns

Moving Forward After The Loss Of A Loved One

You are already stressed and emotional. Mourning is a long process. The paperwork and administrative issues that you now must manage can seriously elongate your grief. Fortunately, our lawyer at Stephen H. Artman, P.A., is here for you. We provide answers and guidance to your estate administration and probate questions. Most importantly, we treat you with respect and courtesy.

Overview Of Estate And Probate Administration In Florida

Estate and probate administration involve settling a deceased person’s affairs and distributing their assets. Florida uses formal administration for larger estates and summary administration for smaller ones or those over two years old. Personal representatives must meet specific qualifications, such as being a Florida resident or a close relative. Our firm offers guidance to help you manage these responsibilities efficiently.

Step-By-Step Probate Process

The probate process may seem overwhelming, but breaking it into clear steps can help you understand what to expect:

  • Filing the petition: The process begins by submitting a petition to the court to open the probate case, outlining the deceased person’s assets and who is requesting to serve as the personal representative.
  • Appointing a personal representative: The court appoints a personal representative to manage the estate, gather assets, pay debts and distribute the estate according to the will or state law.
  • Identifying and valuing assets: The personal representative locates and inventories all assets, including real estate, bank accounts and investments, and assigns a value to each.
  • Settling debts and taxes: Before distributing assets, the personal representative settles all outstanding debts, such as loans, funeral expenses and taxes.
  • Distributing assets: Once all debts and taxes are resolved, the remaining assets are distributed according to the terms of the will or, if there is no will, according to Florida’s intestacy laws. This involves transferring property to heirs or beneficiaries, with the personal representative overseeing the proper division.

We work with you throughout the process to address the specific circumstances of your loved one’s estate.

Key Terminology In Estate And Probate Law

When dealing with estate administration, unfamiliar legal terms can make the process feel more confusing. Here are some common terms you may encounter:

  • Probate: The court-supervised process of settling a person’s estate after their death.
  • Intestate: When a person dies without a valid will, requiring their estate to be distributed according to the state law.
  • Personal representative: The individual appointed to manage the estate during probate.
  • Heirs: Individuals entitled to inherit assets under state law when no will exists.
  • Beneficiaries: Those named in a will or trust to receive specific assets.

Having a basic understanding of these terms can help you feel more informed. If you have questions about what they mean in your specific situation, our attorney can assist you.

The Different Types Of Probate In Florida

There are three different types of probate in Florida. Here is an explanation of each and when they are typically applied:

  • Formal probate: This is the most common form of probate in Florida. It is also one of the most thorough. This form of probate is used for estates that are worth $75,000, or if an estate has any debts or complicated assets tied to it.
  • Summary probate: This form of probate is for smaller estates that are worth less than $75,000, or for estates where the decedent has been gone for more than two years. The process for summary probate is typically faster and less complicated than other forms.
  • Ancillary probate: This type of probate is used for the estates of non-Florida residents who owned property in the state. Ancillary probate typically involves a legal transfer of the property through a Florida court system.

If you have any questions about these types of probate, please do not hesitate to reach out.

Answering Your Questions With Patience And Understanding

Estate administration is stressful. There is a lot of emotion that goes along with it, from both you and others. If legal issues are involved, the stress increases significantly. You want to do what is right for your loved ones and respect the wishes your lost family member or friend expressed. We help you do this as quickly and accurately as possible.

We help resolve estate administration issues by:

  • Identifying the terms of wills and trusts
  • Helping you plan your next steps and answering your questions
  • Ensuring probate law compliance, including in cases where the decedent leaves no will
  • Establishing your next course of action when legal issues are involved

You are not alone. The law is complex, but we can provide you with the help you need to manage your loved one’s estate. We prioritize your needs so that you can stop focusing on the legal issues and begin moving forward.

Call Stephen H. Artman, P.A., To Work With Us

Our firm has more than 25 years of experience with the law. Our practice in Lakeland regularly manages issues and questions surrounding complex estates. For more information on how we can be a resource for you, call us at 863-940-0874 to schedule your initial consultation today.