St. Augustine Probate Attorney Serving Clients Across the U.S. & Internationally
Navigate Estate Administration with Confidence
Probate is an important legal process that ensures a loved one’s estate is properly managed and distributed. While it may seem complex, Florida’s probate system is designed to provide structure and clarity. With the right legal guidance, the process can be smooth, efficient, and free of unnecessary stress.
At E.P.P.G. Law of St. Johns, attorney Heather Maltby helps families in St. Augustine understand probate, ensuring their loved one’s wishes are honored and their estate is handled properly. Whether you are a personal representative managing an estate or a beneficiary seeking guidance, we are here to provide the support and legal knowledge you need.
Understanding the Probate Process in Florida
Probate is the legal process of administering an estate after someone passes away. It ensures that debts are paid, assets are distributed, and the estate is settled according to the deceased’s wishes or Florida law.
The type of probate required depends on the size and complexity of the estate. Florida has three main types of probate administration:
Formal Administration
Formal administration is the most common probate process in Florida and applies to estates valued at more than $75,000. It is a structured, court-supervised process that involves:
- Appointing a personal representative to manage the estate.
- Identifying and valuing all estate assets.
- Settling outstanding debts and taxes.
- Distributing the remaining assets to beneficiaries.
This process provides clear oversight and ensures that all legal requirements are met before an estate is closed.
Summary Administration
Summary administration is a simplified probate process available when:
- The estate is valued at less than $75,000.
- The deceased has been gone for more than two years.
This process does not require a personal representative and typically allows for a faster resolution. However, all estate debts must be accounted for, and creditors must be notified before assets are distributed.
Ancillary Administration
Ancillary administration is used when a non-Florida resident passes away owning property in Florida. While the primary probate process occurs in their home state, this additional process ensures that Florida-based assets are properly transferred.
For families with property in multiple states, ancillary administration ensures that everything is handled legally and efficiently without unnecessary delays.
Steps of Estate Administration in St. Augustine
The probate process follows several key steps to ensure everything is handled properly. While each case is unique, the general steps include:
1.
Filing the Probate Petition
To begin the process, a petition is filed with the court to open the estate and appoint a personal representative (executor). If a valid will exists, it is submitted to the court at this stage.
2.
Notifying Creditors and Beneficiaries
The personal representative must notify all known creditors and beneficiaries of the probate process. This allows creditors to file claims for any outstanding debts before the estate is distributed.
3.
Identifying and Valuing Assets
All estate assets, including real estate, bank accounts, investments, and personal property, must be identified and valued. Some assets may require appraisals or additional legal steps to confirm ownership.
4.
Paying Debts and Taxes
Before distributing assets to heirs, all outstanding debts, taxes, and expenses must be settled. Florida law requires that creditors be given an opportunity to file claims against the estate before final distributions are made.
5.
Distributing Assets to Beneficiaries
Once debts are resolved, the personal representative can distribute the remaining assets according to the will. If there is no will, Florida’s intestacy laws determine how assets are divided among heirs.
6.
Closing the Estate
After all required steps are completed, the personal representative files a final accounting with the court, and the estate is formally closed.
While this process can seem complicated, an experienced probate attorney ensures that everything is handled properly, avoiding unnecessary delays or disputes.
The Role of the Personal Representative
The personal representative, also known as an executor, plays a crucial role in the probate process. This individual is responsible for overseeing the estate’s administration, ensuring that all legal and financial matters are handled correctly.
The primary duties of a personal representative include:
- Gathering and managing estate assets.
- Paying any outstanding debts and taxes.
- Communicating with beneficiaries and creditors.
- Ensuring assets are distributed according to the will or Florida law.
Because this role comes with legal responsibilities, working with an experienced probate attorney can provide essential support, ensuring that all obligations are met correctly.
How E.P.P.G. Law of St. Johns Helps Families with Probate
Heather and her team understand that probate can be a complicated and emotional process. Their goal is to make it as smooth and stress-free as possible for families in St. Augustine and Northeast Florida.
Probate Services Include:
- Guiding families through each step of probate administration.
- Helping personal representatives fulfill their legal duties.
- Handling legal paperwork and court filings efficiently.
- Ensuring assets are distributed correctly and fairly.
- Resolving any disputes that may arise during probate.
By working with an experienced probate attorney, families can avoid unnecessary delays and ensure their loved one’s estate is handled with care and professionalism.
Skilled Guidance for St. Augustine Probate
Probate is an essential part of estate administration, ensuring that your loved one’s assets are properly handled and distributed. With the right legal support, the process can be simple, efficient, and stress-free.
At E.P.P.G. Law of St. Johns, attorney Heather Maltby is committed to helping families in St. Augustine and Northeast Florida navigate probate with confidence. Whether you are managing an estate or need assistance with estate planning, we are here to provide skilled legal guidance.
Take the first step today—contact E.P.P.G. Law of St. Johns to schedule a consultation and ensure your loved one’s estate is settled with care and professionalism.
Do Not Wait
Work with experienced Probate Attorney Heather Maltby to settle your loved one’s estate with ease.
Make probate a quick, seamless process – let Heather Maltby guide you through every step of the process.