When a person passes on, responsibility of distributing their financial assets and personal property falls on the probate court. Per Florida law, an attorney is required in order for an estate to go through the probate process. This helps to ensure that beneficiaries receive their proper share of the estate, and that the administration goes smoothly. Also, an attorney specializing in probate matters will protect your interests in the event that disputes arise among beneficiaries or any other interested parties.

As one of Florida’s premier law firms Di Pietro Partners is a top choice for probate matters. If you are in need of assistance regarding probate issues in Duval County, reach out to one of our expert probate lawyers today.

Probate Administration Process

Unlike many other states, probate administration in Florida is a relatively straightforward process. Depending on the value of the estate and other factors, one of three main types of probate administration will be used. The value of an estate is calculated simply by totaling the value of assets and property owned by the decedent at the time of their death that is eligible to be processed through the probate court system.

Formal Administration – The first type of probate administration is known as formal administration, and is applicable to any estate valued at over $75,000. This is considered to be a standard type of probate proceeding and is the most common type of probate administration in Florida.

Summary Administration – The second type of probate administration is called Summary Administration and is used for estates valued at or under $75,000. It is not as common as Formal Administration and uses an expedited probate process in order to prevent the probate courts from being cluttered up with excessive caseload.

Disposition Without Administration – The third and least common type of probate administration is known as Disposition Without Administration and skips the probate process entirely. It is only intended to be utilized when the decedent passed away without leaving behind any real estate property and the value of the assets that are eligible for probate are valued below the costs of probate proceedings themselves.

Filing Jacksonville Probate Cases

When a decedent passes away, the probate cases for their estate are filed within the county that they resided in at the time of their death. In Duval County, the court that’s responsible for probate matters is the Fourth Judicial Circuit of Florida’s Probate Division. Di Pietro Partners is highly experienced with probate cases in this court system.

Fourth Judicial Circuit of Florida
501 W Adams St #1173
Jacksonville, FL 32202
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Trust Administration

Trusts require management of assets held within the trust, which in Florida is accomplished by the practice of trust administration. The overall purpose of a trust is to protect the assets of an individual, as well as manage and distribute them properly to interested parties. The individuals who manage these trusts are known as trustees, who are given the responsibility by the settlor who created the trust in the first place. Beneficiaries receive benefits from the trust over time and are reliant upon the trustee to properly distribute the assets of the estate.

There are two categories of trusts used in Florida – revocable and irrevocable. A revocable trust is able to be changed, altered or canceled by the grantor without the prior knowledge or consent of the beneficiaries. An irrevocable trust on the other hand is unable to be changed or canceled without the express consent of all the beneficiaries. The three primary types of trusts that are used in Florida are:

Living Trust – This is by far the most common type of trust, which is able to be configured as either revocable or irrevocable. This is called a living trust because it dictates the management of certain assets during an individual’s life as well as their distribution after their death.

Testamentary Trust – Also known as a testamentary will because it is created as part of a will, this type of trust will only take effect after an individual has passed away.

Domestic Asset Protection Trust – This type of trust, also known as a DAPT, is intended to provide protection against creditors. It also serves to protect assets from a separated or divorced spouse in the event a marriage is unsuccessful.

Talk With A Jacksonville Probate Lawyer

As a AV Preeminent® rated law firm, Di Pietro Partners specializes in issues involving Florida probate. Our services range from simple estate administration all the way to complex litigation and issues with high value estates.

Our main office is located in Fort Lauderdale and we have multiple satellite offices throughout the State in order to best serve our client, including an office in Jacksonville. Please be aware that our Jacksonville office location is available via appointment only.

Jacksonville Probate Office
50 N. Laura Street
Suite 2500
Jacksonville, FL 32202
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