Formal Probate Administration Lawyers in West Palm Beach

Formal probate administration is the probate process that must be followed in Florida if the value of the estate (less property which is exempt from creditor claims) is greater than $75,000 and the estate has commenced within two years of the decedent's death.

Our lawyers guide personal representatives through the formal probate process. We also serve as personal representatives. Our goal is to help you complete the probate as quickly and cost-effectively as possible, while meeting all of the Florida legal requirements. Call 561-855-0348 to discuss formal probate with an attorney at The Law Office of Nicole C. Morris, P.A., in Palm Beach Gardens.

Who Can Be a Personal Representative of an Estate?

If you live in Florida, you can be a personal representative as long as you do not have a felony conviction. You do not have to be related by blood to the deceased.

If you live outside of Florida, you must be related to the deceased by blood to be a personal representative.

How Long Does Formal Probate Take?

Probate can take much longer if there are complex issues that need to be addressed, such as a will contest or creditor claim issues. However, most probate proceedings can be done quickly once creditors have their required notice.

What Are the Steps of Formal Probate?

The formal probate process unfolds in three stages:

  • Opening the estate: This includes appointing a personal representative of the estate, drafting and filing initial pleadings, and publishing a notice to creditors.
  • Administering the estate: This includes filing an inventory, taking control of assets, selling assets, paying creditors, and distributing assets to beneficiaries.
  • Closing the estate: This includes waivers and/or a formal accounting, if necessary, seeking to have the personal representative discharged and filing final federal income taxes.

The following flow chart shows the steps of formal probate in Florida.

Formal Administration Chart

To Schedule a Free Probate Consultation

We provide a complimentary consultation to answer your questions about formal probate proceedings in Florida. Call 561-855-0348 or email us to schedule an appointment.