Probate
Probate is the court-supervised process for identifying and administering a deceased person's assets, addressing valid debts and creditor claims, and distributing the remaining property to the appropriate beneficiaries or heirs. Every estate is different, and the appropriate approach depends on the nature and value of the assets, the decedent's estate plan, family circumstances, creditor issues, and other considerations.
Probate assets include any asset in your individual name. They do not include retirement assets, life insurance, or jointly owned property. Your Will controls the disposition of Probate Assets. Non-Probate Assets include any asset which passes by a beneficiary designation form. This includes retirement assets or life insurance proceeds. Your Will does not control the disposition of non-Probate Assets (regardless of what your will states).
Our attorneys assist clients throughout each stage of administration, from determining whether probate is necessary through the final distribution of estate assets and discharge of the personal representative.
Probate involves much more than filing documents with the court. Personal representatives assume important legal and fiduciary responsibilities, often while simultaneously dealing with financial institutions, creditors, beneficiaries, real estate, tax professionals, and other parties.
Our attorneys provide guidance throughout the administration process, including:
Opening and administering probate estates
Advising personal representatives regarding their duties and responsibilities
Identifying and administering estate assets
Addressing creditor claims and estate liabilities
Handling Florida homestead and other protected property
Assisting with the sale and transfer of estate real estate
Preparing inventories, accountings, and plans of distribution
Resolving beneficiary and fiduciary issues
Distributing estate assets
Closing the estate and obtaining discharge of the personal representative
The death of a loved one brings important legal and financial responsibilities at an already difficult time. At Killgore Pearlman, P.A., our attorneys guide personal representatives, beneficiaries, and families through the Florida probate process with practical advice and experienced representation.
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