After a death, probate gives a family a structured way to carry out the person’s wishes, address the estate’s obligations, and transfer property to the people entitled to receive it. Spiro Verras guides personal representatives through that work with clear explanations, practical help, and attention to the people behind the paperwork.
You may be taking on this responsibility while grieving, helping a surviving parent, or managing unfamiliar financial affairs. We begin by identifying what needs attention, which procedure fits the estate, and what you can expect along the way.
The value of a supervised process
Formal probate provides accountability as well as a way to transfer property. The personal representative administers the estate under the will and Florida law, provides required information, and follows a process for accounting, distribution, and discharge. Before the court releases the personal representative, it receives evidence that the estate has been properly administered and distributed.
That structure can be reassuring for beneficiaries. An existing case gives people with the required legal interest a place to raise timely concerns about the administration or their shares. The Florida Probate Rules describe the closing and objection procedures, including permitted waivers. Good records and clear communication help the process serve its purpose.
Which property needs probate?
We review how each asset was owned and what happens to it at death. Property owned individually without an effective surviving beneficiary often requires probate. A deceased person’s interest held as a tenant in common may also require administration. Property passing to a surviving joint owner, a designated beneficiary, or a successor trustee usually follows a different route.
Florida homestead needs its own analysis. Protected homestead may pass outside the ordinary probate estate, while a probate-court order confirming its status can help establish title. The deed, family circumstances, and intended beneficiary all matter. We coordinate these questions with any trust administration so that the estate plan works as a whole.
Choosing the right procedure
Formal administration. The court appoints a personal representative and issues letters of administration. That person can collect estate assets, deal with creditors, and complete the administration with legal guidance. Formal administration is useful when ongoing authority or the structure of a supervised estate is needed.
Summary administration. The court can distribute qualifying estate property by order without appointing a personal representative. Under current Florida law, the usual eligibility routes are Florida assets subject to administration, less property exempt from creditors, of $150,000 or less, or a death more than two years ago. The will must not require formal administration. Asset discovery, creditor issues, and other circumstances also affect whether this is the practical choice.
Limited procedures for small estates. Certain estates containing only qualifying personal property may use disposition without administration or another narrow statutory procedure. These options have specific eligibility requirements. Reviewing the assets first helps us select the appropriate route. For a closer look at what follows, read a step-by-step overview of Florida probate.
Your role as personal representative
The person nominated in a will becomes the personal representative only after appointment by the court. Florida has eligibility and preference rules, including special limits on nonresident individuals. Once appointed, the personal representative acts as a fiduciary for the estate and its beneficiaries.
- Identify, secure, and value estate property.
- Provide required notices to beneficiaries and creditors.
- Maintain estate records and keep estate funds separate.
- Resolve valid claims, taxes, and administration expenses.
- Communicate with beneficiaries and prepare required accountings.
- Make appropriate distributions and obtain discharge.
Spiro helps you understand the decisions that require your attention, prepares the legal filings, and coordinates the steps toward completion. We also work with the estate’s CPA, financial adviser, and other professionals as needed. You can read more about the role in our guide for personal representatives.
Handling claims and distributions
The creditor process creates a defined opportunity to present claims. The personal representative publishes notice and gives direct notice to known or reasonably ascertainable creditors as required. The usual claim deadline is the later of three months after first publication or thirty days after required direct service. Other limits and exceptions, including treatment of certain secured claims, make it important to evaluate each claim before paying or distributing.
We help determine what can safely be distributed and what reserve should remain for expenses, taxes, and unresolved matters. Some estates can make appropriate interim distributions. Others need more time to sell property or resolve obligations. The aim is steady progress with a clear record of the decisions made.
What to expect about time and fees
The timetable depends on the estate’s assets, creditor notices, tax work, and any questions requiring resolution. Formal administration often takes several months and may take longer. A qualifying summary administration can be more streamlined. We discuss the likely steps and update you as the estate progresses.
Attorney compensation is agreed in writing. Florida’s statutory fee schedule is a presumption of reasonableness for certain ordinary services, not a mandatory fee. Fees are negotiable and need not be based on estate size. Court costs, publication, valuations, and other expenses depend on the administration. We explain the proposed arrangement privately before the work begins.
A team around your family
An estate sometimes raises a question requiring another professional’s particular experience. Spiro can help connect you with appropriate counsel, a CPA, or another adviser and remain involved in the administration to the extent you want and the representation permits. The objective is coordinated help and a family that knows who is handling each part of the work.
Bringing the estate to completion
The final accounting and distribution process show what came into the estate, how it was used, and how the remaining property passes. Subject to permitted waivers, interested persons receive the required information and an opportunity to raise timely objections. Distribution records then support the request for discharge. These final steps protect beneficiaries and give the personal representative a documented conclusion to the role. Our guide to closing a Florida probate estate explains the accounting, distributions, and discharge.
Find a clear path through probate
Contact our office to arrange a consultation with Spiro. Meet in Palm Harbor, in Tampa or St. Petersburg by appointment, or by Zoom or teleconference.