Probate and Estate Administration Attorneys

Estate Planning and Probate Lawyers in Martin, St. Lucie and Indian River Counties

The loss of a loved one leaves a void that cannot be filled. Dealing with that painful experience is painful enough without the added burden of probate. A compassionate Port St. Lucie estate planning attorney like those at Treasure Coast Legal can help. We handle every phase of your loved one’s probate case, allowing you the time you need to grieve and focus on yourself and your loved ones.

What is Probate?

Probate is the court’s multi-step process for handling the deceased’s estate. It begins with proving that the will (if one exists) is valid. In Florida, any person in possession of a will is required to file it with the local circuit court within 10 days of learning of the decedent’s death. Once the will is proven to be valid, the probate process continues with the following:

• Identification and inventory of the property
• Appraisal of the property
• Payment of any debts and taxes
• Distribution of the remaining property according to the will

If there is no will, Florida intestacy law will dictate how the remaining property is distributed.

Probate is necessary as it ensures that the decedent’s estate and probate assets are properly handled and distributed, while also allowing for the decedent’s creditors to be paid.

Skilled Florida Estate Planning Lawyers

Probate can be complex, especially in Florida where the law offers two types of probate: formal administration and summary administration. Probate administration applies to probate assets such as:

• Any property the decedent owned in his or her sole name at death
• Any property the decedent co-owned but which lacked a provision for automatic succession of ownership at death

This property includes a variety of assets:

• A bank or investment account in the decedent’s sole name.
• A life insurance policy, annuity contract or individual retirement account payable to the decedent’s estate.
• Any real estate titled in the sole name of the decedent, or in the name of the decedent and another person as tenants in common. The only exception is if it is a homestead property.

In certain limited circumstances, a non-court supervised administration proceeding called the “Disposition of Personal Property with Administration” may take place instead of probate.

Contact Our Port St. Lucie Estate Planning Attorneys

Why leave the future security of your loved ones up to chance and the division of your property in the hands of fate? Let the skilled Florida estate planning attorneys at Treasure Coast Legal create an estate plan that fits your needs. Contact us to speak with an accomplished estate planning lawyer in Port St. Lucie. Call us today at (772) 621-2898.