Probate Administration
PROBATE: COURT-SUPERVISED ESTATE ADMINISTRATION
When grieving the loss of a loved one, our clients have the peace of mind in knowing they have compassionate, knowledgeable attorneys at WaveCrest Legal, advocating for them from start-to-end and guiding them through the probate process.
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After the death of a loved one, many questions arise: “How do I put the house in my name to sell it?” “How do I access the checking account if I’m not the beneficiary?” “Do I continue to pay the mortgage?” Whatever the question is, our attorneys are here to help.
We’ve been here before, and we know the road ahead.
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WHAT IS PROBATE?
THE BASICS.
Probate is the legal process by which assets of a deceased individual (a “decedent”) are marshaled and distributed after paying valid debts and expenses. There are several forms of probate administration in Florida, including: Formal Administration, Summary Administration, Ancillary Administration, and Disposition of Property without Administration. Each form of administration starts with a “petition” (i.e., an initial court filing), and ends when the court enters an order determining the probate estate has been fully administered. Under Florida law, probate administrations generally require an attorney. See Fla. Prob. R. 5.030(a).
Most probates require a Formal Administration. A Formal Administration begins with the Filing of a Petition for Administration, which seeks to appoint a “Personal Representative” to administer the probate estate (also known as an “Executor” or “Executrix” in other jurisdictions). Once appointed, the Personal Representative is tasked with securing and managing the estate assets, notifying interested persons (including beneficiaries and creditors) of the estate’s administration, paying valid claims against the estate from estate assets, and distributing the remaining estate assets to the estate’s beneficiaries. Every probate administration is different, but most formal administrations are fully administered within one (1) year.
If the estate assets are less than $75,000 – or if the decedent passed away more than two (2) years prior to filing the petition, the estate may qualify for a Summary Administration. No personal representative is appointed in a Summary Administration. Because a court-appointed personal representative is often necessary to communicate with financial institutions, manage real property and other estate assets, and negotiate debts of a decedent, despite otherwise qualifying for Summary Administration, Formal Administration may still be appropriate.
Ancillary Administration is required when a decedent who was not a resident of Florida at the time of their death died owning assets within Florida. Typically, whenever an Ancillary Administration is necessary, there is also a probate being administered in the state of the decedent’s residence (that is, there are multiple probate administrations).
In very limited cases, if the decedent leaves only exempt personal property or non-exempt personal property not exceeding the cost of reasonable funeral expenses and certain medical expenses, an estate may qualify for Distribution Without Administration. In this form of administration, the court does NOT appoint a personal representative. As in a Summary Administration, even if an estate qualifies for Distribution Without Administration, it may be advisable to open a Formal Administration.
WHEN IS PROBATE NECESSARY?
Generally, a Probate Administration is necessary when a deceased person (“decedent”) dies owning an individual, undivided interest in property within the State of Florida. Most often, this includes property in the form of real estate, financial accounts, business interests, and personal property. However, a probate is also necessary if a decedent has an interest in damages resulting from someone’s tortious actions, such claims arising from wrongful death, personal injury, or breaches of contract. These are all examples of “Assets Subject to Probate” or “Probate Assets”.
In sum, if a decedent dies owning Assets Subject to Probate, a probate administration is always necessary to transfer the assets to the beneficiaries of the estate.
Examples of Assets which are not subject to Probate include:
- Financial Accounts designating “payable-on-death” or “transfer-on-death” beneficiaries.
- Assets held as joint tenants with rights of survivorship, where the decedent was survived by at least one joint tenant.
- Assets held in a decedent’s Revocable “Living” Trust.
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John Doe
Position, Company
Shelly Watson
00:41 07 Jan 26
We were very happy with our experience with Mike T. Schedule and Team at WaveCrest Legal. From the moment we walked in, the entire staff was professional, welcoming, and made us feel at ease. Other firms we visited felt pretentious and didn’t truly meet our needs, but Michael and his team were the complete opposite-friendly, knowledgeable, direct, and to the point. They went above and beyond to ensure everything was handled efficiently, and we were able to accomplish our goal in a very reasonable amount of time. We highly recommend Wavecrest Legal.
Rebecca Kidd
11:51 27 Nov 25
Losing a loved one is hard enough without having to navigate the complexities of the living will. These wonderful people have done all the work for me, and I could never thank them enough! There is so much involved when inheriting properties, bank accounts, etc. I haven't had to navigate any of this alone. They have done all the work for me. All I've had to do is sign documents after they ensure I understand everything. I'm so thankful for these people! Every time I go to their office they are always so sweet and inviting. I will definitely be utilizing them every single time I have a need.Thank you all so much for cushioning the blow from losing my father. You've made this process so much easier. That means a lot more than just signatures and paperwork to someone who just lost her Dad. Thank you!
BizWithRyan
14:14 07 Nov 25
My mom is elderly and wanted to leave me her house but we didn’t know the best way to go about doing that. Without going through probate and having to pay a bunch of property gains tax. I was first told to do a will and how you could do it with ChatGPT. But I wasn’t sure about that?I was told to do a trust. Still wasn’t sure about that. So I figured the best way to go about this was to seek out on an estate attorney. It would probably cost a little bit of money, but at least I know that it would be done right and it would be the best course of action in order to do everything properly when that day comes. So I made a list of about 10 different attorneys.And I started making phone calls. I was getting all kinds of crazy quotes thousands of dollars. They had crazy packages they were trying to sell me. I was narrowing down my list. Then I got a hold of Michael at Wavecrest. Here’s the thing that set him apart from all the rest. I work from 9 to 5. Nobody was willing to talk to me on my schedule. Except for Michael. He met with me after hours. We did a Zoom call. He Inform me and mom on the best way to go.Would be an enhanced estate deed. Also known as the ladybird deed. He was very personable, caring, patient, empathetic, understanding, and honest. Everyone on his team over there gave us top-tier customer service. He went above and beyond for me and my mom. He gave us a very good price on getting this done. We did some other things as well. But I have nothing but the highest regard and respect for this practice and for them as human beings. If you’re looking to do any of these types of services. Do not hesitate to reach out and talk with them. You will not be disappointed.
Pam Smith
22:38 12 Oct 25
WaveCrest Legal, P.A.Adam DuganReally Helped Me Through 5 Years. Of A Tangled Web That No One Else Had Done.What Adam Did For Me Kind & Caring &Listening & Adam Did In One Day!! That No One Else Could Do 5 Year's Ago!! Thank You Adam & Everyone At WaveCrest Legal, P.A.You All Are Very Appreciated.Thank You AgainPam Smith & Liam."Liza Thank You For Your Kindness & All You Did To Assist Me As Well " Everone At WaveCrest Legal, P.A. Are Awesome.
Vincent Criscillo
19:59 02 Oct 25
Michael was as professional a lawyer can be.Smart, knowledgeable, truly concerned about his client’s needs. I recommend him to anyone who may need a lawyer.
Ashley Failinger
15:15 30 Sep 25
We loved working with Mike and the team at WaveCrest Legal. They were so nice and professional while working with us on our new wills and trusts. You cannot go wrong with this friendly and knowledgeable group!
reimagined pixels
16:30 19 Jul 25
"I recently completed my estate planning documents, and I couldn’t be more satisfied with the experience. From the initial consultation with Mike to the final signing, the process was handled with professionalism, clarity, and genuine care. Mike is an excellent lawyer and he made me feel like a family member.Every detail was explained thoroughly, and I felt empowered and confident in the decisions I made. Knowing that my loved ones will be protected and my wishes will be honored brings me such peace of mind. I highly recommend this firm and their services to anyone looking to secure their future with trusted, knowledgeable guidance."
Tri Piselli
23:08 05 Jun 25
I highly recommend Mike and his team at WaveCrest Legal. We had them put together all our legal paperwork (wills, trust, power of attorney etc) A lot goes into the process of making this happen. Mike was patient and helped us through the whole process seamlessly.I was very nervous driving to our first appointment with him. Doing your will and important paperwork can be a daunting scary task. But I left confident we made the right decision to work with him on our important papers. He made us at ease, went through all the steps to make this happen and let us know what he needed from us. We discussed how we wanted things to go and he asked a lot of question. Which I found very helpful to make sure we thought through everything. Honestly it was much easier than you think. Mike and his team are very organized and know their stuff. We were able to have everything completed within a couple of week during the holiday season which in the long run was a relief to have it all done and off our plate.The price was reasonable for all that we had him do. Especially since we had to rethink and adjust some of our original decisions. He has a great talented group of professionals working for him. Who were very patient and helpful.It was a pleasure working with them. They will take very good care of you and really care about their clients.Thanks Mike for all your hard work.
Mike Lester
16:05 15 Apr 25
Got an estate planning rec. and just had a feeling it wasn't what I was looking for. Found Waycrest and Mike on my own. No nonsense, did not waste my time and tailored a plan for me. Very pleased w the process, the result and Mike. -ML
barbara kern
19:29 11 Apr 25
Very friendly, efficient and honest.
Bob Strachan
18:35 11 Apr 25
We found Mike Scheuble and team very personable and professional. They delivered exactly what was proposed at the fee quoted. We feel our money was well spent and will leave our loved ones with a clear blueprint to finalize our estate.
Michael Murphy
18:27 28 Feb 25
Michael and staff are very easy to work with. They are very thorough and want to get it right. They listen!
