Experienced Probate & Estate Litigation Attorneys in West Palm Beach
When someone passes away in Florida, their estate is administered through the probate court system, and Florida law generally requires the involvement of an attorney throughout the process. Probate matters can involve estate administration, inheritance issues, and, in many cases, disputes among beneficiaries, heirs, or other interested parties.
Di Pietro Partners represents executors, beneficiaries, and families in West Palm Beach and throughout Palm Beach County, handling both routine probate administration and complex estate and probate litigation. Our attorneys work to protect clients’ interests.
Probate & Estate Legal Services in West Palm Beach
Di Pietro Partners provides comprehensive probate and estate legal services in West Palm Beach, representing executors, beneficiaries, trustees, and interested parties in both routine estate matters and contested probate proceedings.
Will Contests – Disputes challenging the validity of a will, including claims of undue influence, fraud, duress, or lack of testamentary capacity.
Estate & Probate Litigation – Representation in contested probate proceedings involving inheritance disputes, asset distribution conflicts, and creditor claims.
Trust Litigation – Legal disputes involving trust administration, beneficiary rights, and alleged misconduct by trustees.
Breach of Fiduciary Duty – Claims involving mismanagement, self-dealing, or other misconduct by personal representatives or trustees.
Probate Administration – Guidance through the probate process, including court filings, creditor notices, and asset distribution in compliance with Florida law.
Trust Administration – Assistance for trustees and beneficiaries to ensure trusts are administered properly and in accordance with the trust terms and Florida law.
Intestate Succession (Dying Without a Will) – Representation in probate matters involving estates without a valid will, handled under Florida intestacy statutes.
Guardianship Proceedings – Legal guidance in guardianship matters involving incapacitated individuals and court-appointed guardians.
Probating a Will in West Palm Beach
When it comes to probating a will in West Palm Beach, the process is governed by Florida probate law and handled through the Palm Beach County probate court system. The type of probate administration required depends on the value of the estate and the nature of the assets involved. Our West Palm Beach probate attorneys help clients determine the appropriate form of administration and guide them through each stage of the probate process.
Types of Probate Administration in Florida
Formal Administration – This is typically the most common type of administration used in probating a will. This administration applies to estates valued over $75,000.
Summary Administration – This form of probate administration is used when the total estate value is $75,000 or less. It’s essentially an expedited version of the probate process.
Disposition Without Administration – This version of probate 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.
Dying Without a Will in West Palm Beach (Intestate Succession)
When someone dies without a valid will, their assets are declared intestate. It’s important to note that “intestate” does not mean that the property now belongs to the State. In fact, Florida has a specific process in determining who receives the decedent’s assets in the absence of a valid will. Here’s a simplified flowchart showing who receives assets when someone passes away without a will in Florida.
- When the decedent has a surviving spouse and has no living children, grandchildren, parents, etc, then the spouse shall receive the entire estate.
- If the decedent has a spouse and also has one or more living family members who are family members of the spouse (i.e children), the spouse shall receive the entire estate.
- If the spouse has additional living immediate family members that are not immediate family of the deceased individual, the spouse shall receive one-half of the estate with the other half going to the spouse’s descendants.
- In cases where the decedent was not married at the time of their passing, the immediate family members will receive the entire estate. The assets will then be divided in accordance with Florida law.
- If the deceased person was not married and also has no living immediate family members, the inheritance will pass to surviving parents of the decedent.
- In cases where someone dies without any surviving close family members, spouses, or relatives, the State of Florida will search for more remote heirs in accordance with intestate law.
The full process can be found in Chapter 732 of The Florida Statutes. This process is very in-depth and often causes confusion/disagreements among beneficiaries. As a result, it’s vital to work with a Florida probate attorney that’s experienced with issues involving intestate succession.
West Palm Beach Probate Litigation Attorney
Probate litigation involves legal disputes that arise during the administration of a deceased person’s estate. In West Palm Beach, these disputes often involve challenges to the validity of a will, disagreements over the interpretation of estate documents, or conflicts regarding the distribution of assets among heirs and beneficiaries. Probate litigation may be initiated by beneficiaries, heirs, creditors, or other interested parties when disputes cannot be resolved through the standard probate process.
Probate litigation proceedings are overseen by the probate court and may involve hearings, discovery, depositions, and, in some cases, trial. Experienced legal representation is essential when navigating contested probate matters.
Probate Litigation in Palm Beach County Courts
Probate litigation cases in West Palm Beach and throughout Palm Beach County are handled within the Fifteenth Judicial Circuit Court of Florida. These matters can be complex and highly contentious, particularly in disputed or high-value estates. Working with a West Palm Beach probate attorney who has experience litigating probate matters and familiarity with the local court system is critical to protecting your rights and interests.
Filing Probate Cases in West Palm Beach
Probate matters in West Palm Beach and throughout Palm Beach County are administered through the Palm Beach County Clerk of the Circuit Court & Comptroller, with judicial oversight provided by the Fifteenth Judicial Circuit Court of Florida. Routine probate administration filings are processed through the Clerk of the Court, while contested probate matters and estate litigation are heard and resolved within the judicial circuit.
Di Pietro Partners represents clients in both probate administration and probate litigation matters and is familiar with the local filing procedures, court requirements, and judicial processes applicable to Palm Beach County probate cases.
15th Judicial Circuit Court
3228 Gun Club Rd
West Palm Beach, FL 33406
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Trust Administration in West Palm Beach
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 West Palm Beach Probate & Estate Litigation Attorney
Di Pietro Partners is an AV Preeminent® rated law firm representing clients in probate, estate administration, and estate litigation matters throughout West Palm Beach and Palm Beach County. Our attorneys handle both straightforward probate matters and complex disputes involving contested wills, trusts, and fiduciary misconduct.
We are dedicated to serving clients throughout Palm Beach County and across the State of Florida. If you are dealing with probate, inheritance issues, or an estate dispute, our attorneys can help you understand your options and protect your interests at every stage of the process.
West Palm Beach Probate Office
777 South Flagler Drive
Suite 800 – West Tower
West Palm Beach, FL 33401
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