Probate and Trust Administration

Probate and Trust Administration. After the creator of a last will and testament (a/k/a the testator) or of a trust (a/k/a settlor or grantor) passes away, it may be necessary to probate their estate and to administer their trust. We understand that dealing with a loved one’s estate at a time of grief can be emotional. We are prepared to assist you at that difficult time. We can guide you through the process of marshaling assets, notifying creditors, liquidating and distributing assets, and paying claims. Unfortunately disputes sometimes arise between family members and beneficiaries and we will assist as you navigate the process.

Probate

Probate can be a long and intimidating process to many, but our experienced attorneys at Campione Law Group will walk you through the process, step by step. We understand that dealing with a loved one’s estate at a time of grief can be emotional. We are prepared to assist you at that difficult time. We can guide you through the process of marshaling the assets of the estate, notifying the creditors of the estate, paying the claims of the estate, locating the beneficiaries of the estate, liquidating the assets of the estate and, distributing the assets of the estate.

 An decedent’s estate is probated in the state and county in which the decedent resided at the time of their death. If the decedent resided outside the State of Florida, then ancillary probate proceedings would be initiated in the county in Florida where the decedent’s property was located. The estate may qualify for summary probate proceedings depending on the value and type of the properties comprising the estate. The summary probate proceedings allow for a somewhat shortened probate process as opposed to formal probate proceedings. Formal notice to creditors of the proceedings through publication will be required should decedent have passed within two years of having to initiate probate, which publication will lengthen the probate proceedings. Further, the probate proceedings will require a determination as to whether the decedent died with or without a last will and testament, as the process slightly varies depending on the existence of a last will and testament. Once the estate is probated, this firm regularly represents the heirs in the sale of the real property and distribution of the sale proceeds. If you would like to proceed with this law firm’s representation in the matter, please contact us to schedule a meeting. At the initial meeting, we will gather information as to the decedent’s estate, discuss the probate process and cost associated therewith. 

There are several different types of probate [Formal Administration, Summary Administration, Disposition without Administration (“Small Estate”) and Ancillary Administration.

• Formal Administration is required for estates with values in excess of $75,000.

• Summary Administration is an expedited process for estates with values of $75,000 or less. 
• Disposition without Administration is an option when the decedent leaves only personal property exempt under the provisions of s. 732.402, personal property exempt from the claims of creditors under the Constitution of Florida, and nonexempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness. This option is not available if any of the assets are real property.

Ancillary Administration is required when a nonresident dies leaving assets in the State of Florida. (i.e., Florida Vacation Homes).

Trust Administration

Trusts may continue many years after the death of the creator of the trust (a/k/a the trust settlor). Problems may arise with the management and succession of trustees under a trust at any time. Trustees often need guidance as to what powers and duties they have under the trust and Florida law. Beneficiaries of the trust may encounter problems with the trustee of the trust and may disagree as to its management or interpretation. The lawyers of Campione & Hackney have experience drafting and interpreting trusts. Sometimes a dispute cannot be resolved informally and an action must be filed with a court to get a declaration as to the meaning of the trust, to replace a trustee, or to enforce rights under the trust.