Probate & Estate Administration
Helping you manage probate responsibilities with confidence
Probate & Estate Administration
Guiding Clients Through the Florida Probate Process
Probate is the legal process used to settle a person’s estate after death, and it often comes at a time when families are already under emotional strain. Kevin Pillion helps individuals and families understand and navigate Florida’s probate system by providing clear explanations and practical legal support from start to finish. Whether probate involves a formally executed will or proceeds under Florida’s intestate succession laws, Attorney Pillion works directly with clients to explain what is required and what to expect at each stage.
Florida probate can involve multiple steps, including filing the appropriate petitions, notifying beneficiaries and creditors, addressing court requirements, and ensuring all statutory deadlines are met. Life Planning Law Firm, P.A. assists with these procedural requirements while helping clients avoid common mistakes that can lead to delays or added expense. By maintaining clear communication throughout the process, clients stay informed and confident as the estate moves toward resolution.
Call at to schedule a free consultation with our Probate specialist.
Practical Support for Estate Administration Responsibilities
Serving as a personal representative carries significant legal responsibilities under Florida law. Kevin Pillion provides individualized legal guidance to help personal representatives carry out their duties properly and efficiently. This includes assistance with identifying and valuing estate assets, addressing outstanding debts and creditor claims, managing required accountings, and ensuring assets are distributed in accordance with the will or applicable statutes.
Estate administration often involves coordination with financial institutions, beneficiaries, and the probate court. Kevin works closely with clients to help them understand their role, make informed decisions, and comply with all legal obligations. When questions or complications arise, Life Planning Law Firm, P.A.
provides clear legal direction focused on protecting the estate and minimizing unnecessary conflict or delay.
One-on-One Legal Representation for Florida Estates
Every estate presents unique circumstances, and Kevin Pillion approaches probate and estate administration with close attention to each client’s specific needs. Life Planning Law Firm, P.A. provides direct, one-on-one representation throughout the entire probate process. Clients work with the same attorney from the initial consultation through the closing of the estate, ensuring continuity and personalized service.
Kevin is committed to providing reliable legal support while treating each matter with professionalism and respect. His practice is focused on helping Florida families move forward with confidence, knowing their probate or estate administration matter is being handled carefully and in accordance with the law.
Probate in Florida – Frequently Asked Questions
What is Probate?
Probate is designed to create a “final accounting” upon death. It is the legal process of “proving up” a Will, or verifying that a Will is valid. This takes place in one of two instances. First, if a person dies leaving behind a Will, or second, if the deceased has died intestate, that is, has not left behind a Will or estate plan of any type or the Will cannot be found.
Does the Probate process take a long time?
Depending on the complexity of the estate and the thoroughness with which accounting has been carried out before death, probate can either be a relatively simple task or a daunting one. Be aware that no matter the situation, probate may be a lengthy process often taking months or possibly years to play out, and one which may take a considerable amount of an executor’s time.
To summarize the process, probate can be broken into six basic steps:
- Validation of the Will
- Appoint executor
- Inventory estate
- Pay claims against the estate
- Pay estate taxes
- Distribute remaining assets
Each of these steps involve legal documentation and validation, and more importantly, proper accounting each step of the way.
What is Probate Court?
Probate begins and ends with the special Probate Court set up in each state to handle estate issues. (Sometimes known as the Orphan’s or Chancery Court in certain states.) All actions taken regarding the estate are accountable to this court, and must be noted and reported regularly. This court is staffed by special judges qualified to oversee estate resolution issues.
Does the Trust Administration process take a long time?
To summarize the process, trust administration can be broken into five basic steps:
- Inventory assets
- Determine estate tax
- Division of trust assets
- File the 706 tax form
- Distributions to beneficiaries
Although the trust administration process seems relatively straightforward, there are several reasons it can sometimes be drawn out over several months or even years. The first step, the inventory of assets, must be completed before the trust administration can begin, and this can be difficult to complete depending upon the prior organization and the size and complexity of the decedent’s assets. Next, the 706 estate tax return must be filed within 9 months, or 15 months if an extension is filed. Often, it is prudent to wait until the last minute to file this form. If the spouse of the decedent is in failing health and may pass away before the deadline, then both 706 forms can be used to maximize tax advantages to the estate. The final step, asset distribution, cannot take place until the 706 has been filed, and even then should not take place until the “Closing Letter” is received from the IRS certifying acceptance of the 706 return. This closing letter will take a minimum of 6 to 8 months, and as long as 3 years, to arrive after the 706 is filed.
I thought that a living trust avoids probate and attorney fees. Why do I have to pay more fees?
While having a living trust can significantly reduce costs compared to probate, there is still a considerable amount of work to be done in properly administering even a simple living trust. The services of an attorney are required, and that person or firm should be compensated fairly for their services. It is important to remember that the fees allowed for trust administration are usually much lower than those for probate, and there is generally less work involved, as there is less involvement of the courts and state bureaucracy.
How do I transfer the car(s) into my name?
If you are a relative of the deceased, this is simple. To transfer the title of vehicles owned by the deceased, simply take the death certificate to the DMV, and perform the transfer, paying whatever fees they require. If not a relative, bringing along the will and or any trust documents indicating your status should be sufficient.
What do I do about Social Security?
Social Security will continue to send out benefit checks until they are notified of an individual’s death. The executor/spouse/trustee should contact the local Social Security Administration office and notify them of the death, or if a benefit check is received, send it back with a letter notifying them. This is important. If checks continue to be deposited, the recipient can incur liability later when Social Security learns of the recipient’s death.
Do You Have Questions About The Probate Process?
Call at to discuss your situation with an attorney who can help you understand the probate process.
