When a person passes away their financial assets and personal property is distributed through probate court. According to Florida law, a person is required to have an attorney throughout this process. Using an attorney specializing in probate helps ensure that you receive your proper share of the estate. An attorney also protects your interests in the event that disputes arise among beneficiaries or other interested parties.
Di Pietro Partners is a premier law firm for probate and estate cases in Florida. If you have issues involving probate in Palm Beach County, talk to one of our experienced lawyers today.
Probate Administration Process
Probate administration in Florida is a relatively straightforward process. There are three main types of probate administration, depending on the value of the estate. An estates value is calculated by measuring the total amount of assets and property owned by the decedent that is being processed through the probate court system.
Formal Administration – The first option in probate administration is the formal administration. This type applies to any estate that is valued over $75,000 and is considered the standard type of probate proceeding. Generally speaking, this is the most common type of probate administration in Florida.
Summary Administration – The second type of estate administration is known as Summary Administration. This type of probate proceeding is used when the total estate is valued at $75,000 or less. It is less common than formal administration and uses an expedited probate process.
Disposition Without Administration – There is a third type of probate administration option, however it is rarely used. This type of proceeding, known as a Disposition Without Administration, skips the probate process entirely. It can only be used when the decedent did not leave behind any real estate property and the assets that can be probated are valued below the costs of probate proceedings themselves.
Filing Palm Beach Probate Cases
Probate cases are filed within the county that the decedent resides at the time of death. The court that’s responsible for probate in Palm Beach County is the Fifteenth Judicial Circuit of Florida’s Probate Division. Our law firm is highly experienced with probate cases in this court system.
Fifteenth Judicial Circuit of Florida
205 N Dixie Hwy
West Palm Beach, FL 33401
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Trust Administration
In Florida, trust administration is a common practice that involves the management of assets within a trust. The purpose of trusts is to protect, manage and properly distribute the assets of an individual. Trusts are managed by individuals known as trustees, who have been given that responsibility by the settlor who created the trust. They also involve beneficiaries, who receive benefits from the trust over time.
Trusts are divided into two many categories – revocable and irrevocable. Revocable trusts can be changed, altered or canceled by the grantor without the consent of the beneficiaries. By comparison, an irrevocable trust cannot be changed or canceled without the consent of beneficiaries. There are three primary forms of trusts used in Florida, which are:
Living Trust – This is the most common type of trust, which can be setup as either revocable or irrevocable. This type dictates the management of certain assets during a person’s life and their distribution after that person’s death.
Testamentary Trust – Also known as a “testamentary will” this type of trust is created within a will. Since it is part of a will, it only takes effect after death.
Domestic Asset Protection Trust – Commonly referred to as DAPT, this trust provides protection against creditors. It also serves to protect assets from a spouse in the event a marriage is unsuccessful.
Talk With A Palm Beach Probate Lawyer
Di Pietro Partners is an AV Preeminent® rated law firm that specializes in issues involving Florida probate. This includes simple estate administration as well as 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 including West Palm Beach. Please note, our West Palm Beach office location is available via appointment only.
West Palm Beach Probate Office
777 South Flagler Drive
Suite 800 – West Tower
West Palm Beach, FL 33401
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