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
Francis Wilson
21:12 18 Apr 24
Jeff Venn
16:17 10 Apr 24
Mike and the team at Wavecrest are a solid group of attorneys. Highly recommend for your estate planning needs. Convenient location and nice office in Jax Beach.
Maria Cecilia Kana-an
12:43 29 Mar 24
Atty. Dugan and Atty. Henry were very sensitive to the needs of their clients. Their staff were professional and answered emails in a timely manner easing the client's concern. I highly recommend them.
Pamela Atkinson
21:19 18 Nov 23
It was a great pleasure working with Ms. Tiera Henry and Mr. Adam Dugan. All information and guidance they had provided me showed their extensive knowledge in the process. I appreciate Mr. Dugan’s, Ms. Henry’s and staff’s quick response to my inquiries. My requests were processed expeditiously. I am grateful. I will most certainly recommend the Law Office of Adam J. Dugan to friends should they need any assistance with Estate Planning.
Mrs. Holt
21:03 04 Oct 23
I had the pleasure of working with Tiera Henry at the Law Office of Adam J. Dugan to navigate a complex estate matter, and I couldn't be more impressed with the level of professionalism and expertise displayed throughout the entire process. Ms. Henry demonstrated a deep understanding of estate law, providing clear and concise explanations that made the intricacies of the situation much more manageable. Her attention to detail and commitment to thorough research were evident at every stage. She kept me informed and updated regularly, promptly addressing any concerns or questions I had along the way. This provided peace of mind and showcased her dedication to client satisfaction. Throughout negotiations and legal proceedings, Ms. Henry displayed an impressive ability to strategize and advocate for my best interests. Her presence was both assertive and respectful, while maintaining the highest levels of professionalism. I am incredibly grateful for Ms. Henry's guidance and expertise, which ultimately led to a favorable resolution of the estate matter. I wholeheartedly recommend her services and am confident in her ability to handle any estate-related issues with the utmost skill and professionalism. Thank you, Tiera Henry, for a job exceptionally well done!
Brian Kelly
18:23 16 Aug 23
I am pleased to write a review for Tiera Henry, Esq., an Associate Attorney at the Law Office of Adam J. Dugan, P.A. Tiera's expertise and dedication truly shone through as she adeptly handled our complex probate case. Her profound knowledge of the legal intricacies and her commitment to fairness impressed us greatly.Throughout the process, Tiera demonstrated an exceptional ability to communicate and explain complex legal matters in a clear and concise manner. She took the time to patiently address our questions and concerns on multiple occasions, making us feel well-informed and at ease during a challenging time.Caring for elderly parents and dealing with the complexities of probate can be an overwhelming journey, but having Tiera by our side made all the difference. Her compassionate approach combined with her legal acumen helped alleviate a significant portion of the burden we were facing. We genuinely appreciate the trust we placed in the Law Office of Adam J. Dugan, P.A., and we are grateful for the guidance Tiera provided.Tiera's commitment to exceeding expectations was evident throughout the entire process. She went above and beyond to ensure that our plans were executed precisely as we envisioned. Her efficiency in handling our legal needs within a remarkably short timeframe was truly remarkable.It's not often that you encounter an attorney who combines expertise, compassion, and a strong work ethic as effectively as Tiera Henry. We highly recommend her services to anyone seeking legal assistance, especially in matters as intricate as probate and estate planning. Thank you, Tiera, for your outstanding support, dedication, and exceptional service. Your professionalism and commitment to your clients are truly commendable.
WARREN MERRILL
12:19 06 May 23
Lynn Sharpe-Underwood
20:42 04 Dec 22
Jeff Alden
05:27 14 Nov 22
A pleasure to meet and do business with. Friendly ,personable, professional. I would highly recommend.
G F
12:57 06 Aug 22
I would give Mr. Dugan 6 stars if I could. He took his time to clearly explain the estate planning process, answered all of my questions, and went above and beyond to ensure my plans were set up exactly how I wanted them.
Austin Barnette
18:52 19 Jul 22
Very kind and professional, I'd reccomend Mr. Dugan to anyone.
David Robinson
19:00 08 Jul 22
Adam Dugan and Michelle Woitt helped to guide me through planning my will. They made it an easy process.I highly recommend them for any will and probate needs.
