Project Description

PROBATE

Summary
Offices
727-849-5353

We understand that Probate is a stressful process that occurs at an already emotional and exhausting moment. At Lucas, Macyszyn & Dyer Law Firm, we are sensitive to your difficult time.

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Probate

Sometimes the most you can do is try to cope with the recent loss of your loved one. Let our experienced Florida Probate Attorney step in to help you navigate this difficult process. Our Probate Attorney can skillfully navigate the court filings, financial matters, and any necessary communications. In the State of Florida, there are three types of Probate:

Disposition without Administration

For reimbursement of funeral expenses and/or medical expenses paid on behalf of the decedent (the deceased) within six months of the date of passing.

Summary Administration

For an Estate that has assets valued at or less than $75,000.
OR
Decedent (the deceased) passed away over two years ago.

Formal Administration

For an Estate that requires an appointment of a Personal Representative.
OR
For an Estate valued at over $75,000.

Process of all 3 probates

Investigate the accident and define your sustained injuries.

If a person pays for a loved one’s funeral expenses or personally paid for medical bills within six months of that persons passing, they can ask the Court to be reimbursed for said expenses from the Estate. This requires the drafting of a verified statement asking the Court to be reimbursed for expenses made on behalf of the decedent and attaching to it proof of bills that were paid. Once it is drafted, the individual will need to take the verified statement to the Court in the County where the decedent resided and sign the verified statement in front of a Clerk. Upon payment of a filing fee, the Clerk will file the verified statement and draft an order. Typically, a judge will sign the order within 30 days of filing.

In a Summary Administration, any interested person may file a Petition with the Court in the County where the person resided to begin the Probate process. In the Petition, the Petitioner will outline to the Court who all the beneficiaries are of the Estate (following either Florida Intestate Succession or a Last Will and Testament) and who the creditors of the Estate are, if any. Lastly, the Petition will include a distribution schedule of the Assets of the Estate. Upon filing of the Petition and an Order, a judge will review all the documents submitted. If satisfactory, the judge will sign the Order and close the file.

Formal Administration is a court process (Probate) that begins following a person’s death. During this process, a loved one or someone named in the Last Will and Testament files a Petition in the county where the person resided to be appointed as the Personal Representative. Upon taking an oath and potentially posting a bond if one is not waived, the Court will appoint that person the Personal Representative of the Estate and issue Letters of Administration. (Letters of Administration: This is a document signed by a judge and states who the Personal Representative of the Estate is.) Within 60 days from the date the Letters of Administration are issued, the Personal Representative will need to file an Inventory with the Court providing all interested parties a list of all assets of the Estate. At the same time, the Personal Representative will serve a notice to creditors on all reasonably ascertainable creditors and also publish a Notice to Creditors in a locally circulated newspaper for two consecutive weeks. Upon the expiration of the creditors period, the Personal Representative will pay all said creditors if not objected to. The last step the Personal Representative will do is to make distributions of the assets that are left based on Florida Intestate Succession or the Last Will and Testament.

Florida Probate services include:

  • Explaining and navigating the legal process following the death of a loved one

  • Postmortem Estate Planning

  • Assistance with filing a Last Will and Testament

  • Protection of your assets for your desired beneficiaries

  • Legal guidance should you wish to contest a Last Will and Testament

  • Legal representation for Florida Probate, Estate and Trust Litigation

  • Formal and Summary Probate Administration
  • Estate and Trust Administration

  • Representation of the Personal Representatives

What is the difference between Testate and Intestate?

TESTATE

When a loved one passes away with a valid Last Will and Testament, it is referred to as “Testate.” Under Florida Law, the custodian of a Last Will and Testament must deposit the original with the clerk in the county where the decedent resided regardless whether any Probate proceedings will occur.

If Probate is initiated through a filing of a Petition for a Summary Administration or a Formal Administration, the Court will have guidance as to how the proceedings should proceed. In the Last Will and Testament, it should state preference as to who the Personal Representative should be and how the Estate should be distributed. In addition, the Last Will and Testament may state whether bond should be issued and what the powers of the Personal Representative should be.

INTESTATE

Passing on without a valid Last Will and Testament is referred to as dying “Intestate”. Should the decent not have a valid Last Will and Testament, their Estate is then distributed under Florida Intestate Succession laws. Florida’s Probate laws dictate the order by which family members may inherit any assets (see Fla. Stat.§732.103):

  • Surviving Spouse
  • Children
  • Parents
  • Siblings and their descendants
  • Extended family (paternal and maternal)
  • Family of last deceased spouse

The above is a general overview and is best discussed with an experienced Florida Probate Attorney. Call our offices today for your free consultation for Florida Estates with (Testate) or without a Last Will and Testament (Intestate).

Traditionally any assets left behind by the decedent will first cover the expenses of Probate, any outstanding funeral balances, and personal debts.
Any remaining funds can then be disbursed to the decedent’s beneficiaries.

We Fight For You

While our legal team can never guarantee the outcome of a lawsuit, we can assure you our team of aggressive attorneys will work tirelessly on your Probate claim. As our client, we will provide you with advice and assist you in any decision-making you are faced with. Further, we are dedicated to keeping you updated throughout every phase of your case. Though we cannot accept every case, we never charge for consultations regarding your claim. In all the cases we accept, Lucas, Macyszyn & Dyer Law Firm will always provide you with the skilled advocates you need and provide you with top-notch representation.

You and your family will be able to focus on your recovery as we work tirelessly to recover what you are rightfully owed from the accident. Our skilled team of lawyers is dedicated to fighting for your rights and your compensation.

Injured?

If you or someone you love is experiencing probate, please contact our offices.

call 727.849.5353
Free Case Evaluation

Experienced Attorneys

Lucas, Macyszyn & Dyer Law Firm legal team is comprised of several attorneys who are Florida Bar Board Certified Civil Trial Lawyers and National Board of Trial Advocacy Civil Trial Lawyers. This Double Board Certification is a distinction of experience in specialized skills, knowledge, and proficiency within the field of personal injury. A Board Certified Specialist can make a huge difference when you need to retain a Personal Injury Attorney.

Florida Board Certification is a volunteer program recognition of “specialist” or “expert” based upon the attorney’s experience requiring:

  • The practice of law for at least five years;

  • Substantial involvement in the specialty of civil trial law — 50% or more — during the three years immediately preceding application;

  • Handling of at least 15 contested civil cases, including cases before juries as lead counsel and as the trier of fact on some or all of the issues;

  • 50 hours of approved civil trial law certification continuing legal education in the three years immediately preceding application;

  • Peer review; and,

  • A written examination.