When a person passes away, the probate court is tasked with distributing their financial assets and personal property they left behind. Per Florida law, an attorney is required to be part of this process in order to ensure things go properly. This is ultimately beneficial to all parties involved as it will ensure that beneficiaries will receive their proper share of the estate. A probate attorney will also work to protect their clients interests in the event that any disputes arise among the beneficiaries or other outside interested parties.
As a premier law firm specializing in probate and real estate cases in Central and South Florida, Di Pietro Partners is uniquely qualified to handle your probate matters. If you have issues involving probate in Hillsborough County, contact us today to speak with one of our experienced lawyers.
Probate Administration Process
Compared to other states, probate administration in Florida is a generally straightforward process. Depending on the value of the particular estate, probate administration is divided into three main types. The value of an estate is determined by measuring the total amount of the decedent’s assets and property that is being processed through the probate court system.
Formal Administration – Considered to be a standard type of probate proceeding, any estate that is valued over $75,000 is eligible for formal administration. Out of all the types of probate administration, this is the most common type in Florida.
Summary Administration – The second type of probate administration is known as Summary Administration and is used for estates valued at or below $75,000. This type of probate is less common than formal administration due to the fact that most estates are higher in value. Due to the nature of lower value estates, the summary administration process is expedited to save time and court resources.
Disposition Without Administration – For situations when the decedent did not leave behind any real estate property and their assets are valued below the costs of the probate proceedings themselves, there is a third but rarely used option. Known as Disposition Without Administration, this skips the probate process entirely, making things simple and reducing unnecessary case load for the court system.
Filing Tampa Probate Cases
When a decedent passes away, their probate case is filed within the county that they resided in at the time of death. In Hillsborough County, the court that’s responsible for handling probate is the Thirteenth Judicial Circuit of Florida’s Probate Division. The attorneys at our firm are highly experienced with probate cases in this court system.
Thirteenth Judicial Circuit of Florida
800 East Twiggs Street
Tampa, FL 33602
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In Florida, the management of assets within a trust is known as trust administration and is a common practice. The purpose of a trust is to protect the assets of an individual, as well as manage and properly distribute them to beneficiaries. The management of a trust is placed in the hands of a trustee, who is given that responsibility by the settlor who created the trust in the first place. Beneficiaries are involved as well, who receive benefits from the trust over time.
In Florida, there are two primary categories of trusts – revocable and irrevocable. A revocable trust can be altered, changed or even canceled by the grantor for any reason without the consent of the beneficiaries. An irrevocable trust on the other hand cannot be changed, canceled or altered without the express consent of the beneficiaries. In Florida, the three primary forms of trusts available are:
Living Trust – This type of trust dictates the management of certain assets during an individual’s life as well as their distribution after their death. It is the most common type of trust and can be set up as either revocable or irrevocable.
Testamentary Trust – Commonly referred to as a “testamentary will”, this type of trust is created as part of a will and therefore will take effect after the decedent passes away.
Domestic Asset Protection Trust – Known by its acronym DAPT, this type of trust is specifically intended to protect assets against creditors as well as spouses in the event of a divorce.
Talk With A Tampa Probate Lawyer
Di Pietro Partners is an AV Preeminent® rated law firm specializing in probate issues in the State of Florida. We handled all probate matters, from simple estate administration to complex litigation as well as issues with high value estates.
Our main office is located in Fort Lauderdale, which is augmented by multiple satellite offices throughout the State including Tampa. Those looking to visit our Tampa office should contact our main office first as our satellite offices are available by appointment only.
Tampa Probate Office
100 S. Ashley Drive
Tampa, FL 33602