St. Petersburg Probate Administration Attorney
Most Florida estates must pass through probate, and the personal representative is given primary responsibility for administration. Helpfully, anyone serving in this role can hire an experienced attorney to handle probate from start to finish. Even if you hope to do most of the work yourself, a attorney is an excellent sounding board, helping you identify solutions to common probate problems and ensuring you follow the law.
Contact Fisher & Wilsey, P.A. for assistance. Our St. Petersburg probate administration attorney will be happy to answer questions and perform any aspect of administration for you.
How to Open an Estate in Probate
To start the administration process, you must file a petition in the right probate court. The court will then appoint a personal representative to act on the estate’s behalf, which requires issuing letters of administration. These letters now empower the personal representative to close accounts, open a checking account, and take possession of property.
Helpfully, Florida has a summary administration procedure in place for small estates or where the deceased has been dead for at least two years. An attorney can help you analyze whether to seek summary administration or a probate alternative, such as disposition without administration. Formal administration is the most cumbersome type of probate, so check whether it is necessary first.
Probate Administration: An Overview
A person’s estate is made up of their assets and debts at death, including unpaid bills or a legal right to sue. Key features of formal administration include:
- Creditor claims. Creditors can seek payment for the deceased’s debts. The personal representative must notify creditors and review submitted claims to determine whether they are valid before paying them.
- Asset collection and safekeeping. Administration also involves taking possession of the deceased’s assets and managing them properly before distribution. The personal representative might need to purchase insurance or store assets.
- The personal representative creates an inventory of estate assets, including fair market value, and files it with the court.
- Debt collection. The deceased could have been owed money, so administration includes collecting on debts.
- Administration includes filing and paying taxes for the deceased, as well as their estate. More complicated estates might require the help of a tax attorney.
- After claims are paid, the personal representative distributes assets to beneficiaries or heirs.
These are some of the most critical duties involved in formal administration. Many representatives reach out to us with questions regarding creditor claims, asset protection, or what to do if they must sell assets to pay debts.
Get the Legal Help You Need
Probate administration requires diligence and a commitment to meeting deadlines. If you are feeling overwhelmed with the process, contact Fisher & Wilsey today to speak with a St. Petersburg probate administration attorney. Our firm has represented clients in probate court for more than 40 years. We bring an unmatched level of experience to probate administration, including how to handle disputes involving creditors or beneficiaries. Call our office if you have any questions or want more information about the services we provide.
