When an individual passes away, the probate court system distributes their personal property. During this process, interested parties are required by Florida Law to retain an attorney. This is required in order to reduce any confusion or issues when probating an estate and also ensures beneficiaries will receive their proper shares of the estate. A probate attorney will also protect the interests of beneficiaries if there are disputes among them or with any other interested parties.

Di Pietro Partners is a premier law firm for probate and estate cases in Florida. If you have issues or need legal assistance involving probate in Orange County, contact one of our experienced lawyers today.

Probate Administration Process

The State of Florida has made probate a relatively straightforward process. Florida probate administration is divided into three main types, the one used will be dependent on the estates value. This value is calculated by measuring the total amount of property and assets owned by the decedent that are to be processed through the probate court.

Formal Administration – The first option for probate administration is formal administration, which is a standard type of probate proceeding that is applicable to any estate valued over $75,000. Across the board this is the most common type of probate administration in Florida.

Summary Administration – When estates are valued at or below $75,000, they will be put through Summary Administration. This second type of probate proceeding is less common than formal administration and is considered an expedited probate process.

Disposition Without Administration – The least commonly used option of probate administration is the Disposition Without Administration. In this type of probate proceeding, the probate process is skipped entirely. This can only be used if the decedent passed away without leaving any real estate property behind and their assets eligible for probate are valued at less than the costs of the probate proceedings themselves.

Filing Orlando Cases

When an individual passes away, the probate case to administer their estate is filed within the county that the decedent resided in at the time of their death. In Orange County, the court that is responsible for probating these cases is the Ninth Judicial Circuit of Florida’s Probate Division. Di Petro Partners is highly experienced with probate cases in the Ninth Judicial District.

Ninth Judicial Circuit of Florida
425 N. Orange Avenue
Orlando, Florida 32801
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Trust Administration

One of the aspects of a trust is management of the assets within the trust itself. In Florida, trust administration is a practice used to accomplish this. The overall purpose of trusts is to protect an individual’s assets, by managing and properly distributing them. The individuals who manage these trusts are known as trustees, who have been given the responsibility of managing them by the settlor who created the trust. Beneficiaries receive benefits over time, which are distributed by the trustee.

There are two types of trusts – revocable and irrevocable. A revocable trust can be altered, changed or even canceled by the grantor without the consent of the beneficiaries. An irrevocable trust on the other hand is not allowed to be changed or canceled without the consent of beneficiaries. Florida uses three primary forms of trusts, which are:

Living Trust – This can be set up as either a revocable or irrevocable trust, and is the most common type of trust used. This will dictate the management of various assets during an individual’s life as well as their distribution after that individual’s death.

Testamentary Trust – This type of trust is also known as a “testamentary will” and is created as part of a will. Because it is part of a will, it is only put into effect after the decedent passes aways.

Domestic Asset Protection Trust – This trust is intended first and foremost to serve as protection against creditors. Commonly referred to as DAPT, it also serves to protect assets from an opposing spouse in the event a marriage is unsuccessful.

Talk With A Orlando Probate Lawyer

As a AV Preeminent® rated law firm, Di Pietro Partners specializes in issues involving Florida probate. In addition to simple estate administration, we also cover complex litigation and issues involving high value estates.

With our main office serving the Fort Lauderdale area, we also have multiple satellite offices throughout the State, including Orlando. Please be aware that our Orlando office location is available via appointment only.

Orlando Probate Office
111 North Orange Avenue
Suite 800
Orlando, FL 32801
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