St. Petersburg Probate & Estate Planning Attorneys

Our professional insights are a result of decades of our family helping others. From estate planning and probate administration to issues concerning real estate law and business law, we will work tirelessly to help you achieve positive results. We also handle civil litigation matters. Regardless of your needs, you can rely on personalized service that is designed to get results.

A Long Track Record Of Success For Our Clients

Estate planning is an essential process for individuals and families in St. Petersburg, FL, helping them protect their assets, provide for loved ones, and ensure their wishes are honored. Without a well-structured estate plan, families may face unnecessary legal complications, financial burdens, and disputes. Whether you’re looking to create a will, establish a trust, or navigate the probate process, having an experienced attorney by your side is crucial.

At Fisher & Wilsey, P.A., we have been assisting Florida residents with estate planning, probate, and trust administration for decades. Our St. Petersburg probate & estate planning attorneys provide personalized legal guidance to help clients create comprehensive plans that reflect their wishes while minimizing legal hurdles for their heirs.

St. Petersburg Estate Planning, Probate, and Estate & Trust Administration

Estate planning is more than just drafting a will—it involves preparing for the future by ensuring that your assets are distributed according to your wishes, minimizing tax liabilities, and safeguarding your family’s financial well-being.

Key Components of Estate Planning

1. Wills – A legally binding document that specifies how your assets will be distributed after your passing. Without a will, Florida intestacy laws will determine asset distribution, which may not align with your wishes. Fisher & Wilsey, P.A. can draft and update your will to ensure it reflects your current circumstances and desires.
2. Trusts – Trusts provide flexibility and control over asset distribution while avoiding probate. Some of the most common trusts include:
   • Revocable Living Trusts – Allows you to manage assets during your lifetime and pass them directly to beneficiaries without probate.
   • Irrevocable Trusts – Provides asset protection and tax benefits but cannot be modified once established.
   • Special Needs Trusts – Ensures financial support for a disabled beneficiary without affecting government benefits.
3. Durable Power of Attorney (POA) – Designates someone to handle your financial affairs if you become incapacitated.
4. Advance Healthcare Directives – Includes a living will and healthcare surrogate designation to ensure medical decisions align with your wishes.
5. Beneficiary Designations – Ensuring life insurance policies, retirement accounts, and payable-on-death accounts have the proper beneficiaries is a crucial part of estate planning.

At Fisher & Wilsey, P.A., our St. Pete estate planning attorneys take the time to understand your goals and create customized estate planning solutions that protect your legacy and provide peace of mind.

Probate in St. Petersburg, FL

Probate is the legal process of distributing a deceased person’s assets, paying debts, and ensuring that their estate is handled according to Florida law. In St. Petersburg, probate proceedings take place in the Pinellas County Court, and the complexity of the process depends on the size and structure of the estate.

Types of Probate in Florida

1. Formal Administration – Required for estates valued over $75,000, this process involves appointing a personal representative (executor), settling debts, and distributing assets under court supervision. It typically takes several months to a year.
2. Summary Administration – Available for smaller estates valued under $75,000 or when the decedent has been deceased for over two years. This is a faster, less expensive probate process.
3. Disposition Without Administration – This applies in rare cases where the estate’s value is very low and primarily consists of final medical and funeral expenses.

Ways to Avoid Probate

Many St. Petersburg residents seek to avoid probate through strategic estate planning. Common methods include:

• Creating a revocable living trust
• Naming beneficiaries on financial accounts
• Establishing joint ownership with rights of survivorship

Our St. Petersburg probate attorneys guide families through the probate process, ensuring timely and efficient administration while protecting the estate from unnecessary delays or disputes. If probate is required, we handle all filings, creditor negotiations, and asset distributions, providing clients with clear legal direction.

Estate and Trust Administration in St. Petersburg

After someone passes away, their estate and any trusts they created must be administered according to their legal documents and Florida law. Estate and trust administration can be complex, requiring meticulous financial and legal management.

Key Responsibilities of an Estate Administrator or Trustee

1. Gathering and Managing Assets – Locating and securing bank accounts, real estate, investments, and personal property.
2. Paying Debts and Taxes – Settling outstanding debts and handling any applicable estate taxes before distributing assets.
3. Distributing Assets to Beneficiaries – Ensuring that assets are allocated according to the will or trust.
4. Probate Representation (if necessary) – Navigating the court process if probate is required.
5. Managing Trust Distributions – A trustee must follow the instructions of the trust to ensure fair and legal asset distribution.

Challenges in Estate and Trust Administration

• Will Contests – Disputes may arise over the validity of a will.
• Trust Disputes – Beneficiaries may challenge how a trustee is handling assets.
• Creditor Claims – Unpaid debts must be resolved before estate distribution.
• Complex Asset Division – Estates with business interests or high-value assets require careful legal planning.

Our legal team assists estate administrators and trustees in handling their legal duties efficiently. Whether you need help interpreting a trust document, filing probate paperwork, or resolving disputes, we provide the legal support necessary for a smooth administration process.

Why Estate Planning is Essential

St. Petersburg is home to a diverse population, including retirees, professionals, and business owners. No matter your stage in life, having a solid estate plan ensures that your assets are distributed according to your wishes, minimizes family disputes, and provides financial security for your loved ones.

Additionally, Florida has unique homestead laws that offer protection for primary residences, which can play a significant role in estate planning. Understanding these laws helps families safeguard their homes from creditors and estate taxes.

Serving Throughout St. Petersburg, FL

• Downtown St. Petersburg
• Historic Old Northeast
• Snell Isle
• Historic Kenwood
• Historic Roser Park
• Grand Central District
• Historic Uptown
• Crescent Lake
• Old Southeast
• Coquina Key

Get Expert Legal Help with Fisher & Wilsey, P.A.

Estate planning, probate, and trust administration involve complex legal considerations that require skilled legal guidance. At Fisher & Wilsey, P.A., we have been serving clients in St. Petersburg and the surrounding areas for decades, providing personalized estate planning solutions tailored to each client’s needs.

Our team helps clients:

• Draft wills and trusts that protect their legacies
• Avoid probate through strategic estate planning
• Navigate probate proceedings efficiently
• Handle estate and trust administration with minimal stress
• Resolve estate disputes fairly and effectively

If you need assistance with estate planning, probate, or trust administration, contact Fisher & Wilsey, P.A. today. Our knowledgeable St. Petersburg probate & estate lawyers are ready to provide the legal guidance you need to secure your future and protect your loved ones.