Probate Administration

Probate is the process whereby a court oversees the administration of a deceased person's estate. The purpose of the probate process is to ensure that final bills and expenses are paid, including any taxes owed; any assets remaining are distributed to the beneficiaries named in a will; or if the decedent died intestate, any assets remaining are distributed to the correct heirs under Florida's laws of intestate succession.

There are two primary forms of probate proceedings in the State of Florida:

Summary Probate :
If the total value of the estate is $75,000 or less (excluding the decedent's primary residence), or the decedent died more than two years ago, a summary probate may be filed. A summary probate is an expedited probate process.

Formal Probate :
A formal probate proceeding is required when the total value of the estate (not including the decedent's primary residence) exceeds $75,000 or when there are issues that require the intervention of the probate court, such as when beneficiaries are contesting the will, or when the estate's liabilities exceed the amount of assets. Formal probate takes a minimum of four months to complete in Florida, but may extend longer.

The attorneys at the Law Office of Kathleen A. DeChristopher, Esq., P.A. have significant experience in the area of probate administration and routinely represent the personal representatives of estates, advising the personal representative on their rights and fiduciary duties, preparing and filing the appropriate documents with the probate court, handling creditor's claims against the estate, and ensuring that the probate process proceeds without delay.

Guardianship Proceedings

In the event a person becomes incapacitated and does not have estate planning documents in place designating who will manage their financial affairs or make decisions regarding their care, we can assist in petitioning the court to appoint a guardian to assume control over the finances of the incapacitated person (known as the "ward") and to make decisions regarding the care and well-being of the ward. We can also advise the guardian regarding their fiduciary duties and obligations.