Probate

Probate Guidance with Empathy—Simplifying the Personal Representative’s Role

Streamlining a Difficult Time

Losing a loved one is a deeply emotional experience, and navigating the legal complexities of probate can add to the burden. At Van Eden Law, we understand the challenges you face and are committed to guiding you through the probate process with compassion, efficiency, and expertise.

What is Probate?

“Probate” means the court-supervised administration and distribution of the assets of a decedent which were owned in his or her individual name alone.

Who Is the Personal Representative?

The executor or executrix of the estate (called the “personal representative” in Florida) is the person named in the will to act as the personal representative or is the person who has the highest order of preference according to the Florida statutes when there is no will.

What are the Personal Representative’s Duties?

The personal representative’s duties are to administer the decedent’s estate by collecting assets, paying creditors, paying taxes, and distributing the remaining assets as required by the will or by law. In Florida, every personal representative must be represented by an attorney whose duty it is to prepare and submit the legal paperwork to the court and ensure that all legal requirements in administering the decedent’s estate are followed.

What Types of Administration are Available in Florida?

There are several types of administration in Florida:

Formal Administration is designed for larger estates and can typically take about four months to complete when there are no complications such as disputes.
Summary Administration is designed for smaller estates in which creditors’ claims are paid by the heirs or the claims are barred and there is no dispute about the disposition of the assets.
Ancillary Administration. This type of administration occurs when an out-of-state resident owned real estate in Florida which is subject to probate and there is an out-of-state administration of the decedent’s estate in another state (called the “domiciliary” administration).

Areas of Practice

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Let us guide you through the probate process with compassion, efficiency, and expertise.