Probate questions

A person with the required legal interest can raise an appropriate challenge through the probate process. The notice of administration may begin a short deadline for objections concerning the will’s validity, jurisdiction, or venue. The documents served and the particular issue should be reviewed promptly.

Clear information sometimes resolves the concern; other matters need focused legal advice or a court decision. If additional counsel would help, Spiro can make an appropriate introduction and coordinate with that lawyer while remaining involved in the administration as appropriate. The aim is to protect the client’s interests and keep the work organized.

Probate generally concerns property that must pass through the deceased person’s estate. This often includes individually owned property without an effective surviving beneficiary and a deceased person’s interest in property held as a tenant in common.

Assets passing to a surviving owner by a valid right of survivorship, to a designated beneficiary, or through a funded trust generally follow another route. Protected Florida homestead also has special rules, and a court order confirming its status can help establish title. We review the deed or account terms rather than relying on a general label such as “joint.” See probate and estate administration.

Florida law generally entitles a personal representative to reasonable compensation. Section 733.617 provides a presumptively reasonable schedule and addresses additional services and other compensation arrangements. The will, an agreement, a waiver, or a court determination can affect the result.

Properly incurred estate expenses may also be reimbursed. Keep records and receipts, and keep estate funds separate from personal funds. A family member may choose to waive compensation. Because compensation can have income-tax consequences, discuss that choice with the CPA before deciding.

The assets, creditor issues, tax work, and the procedure used all affect the cost and timetable. Administration expenses may include court filings, publication, professional services, valuations, and any fiduciary compensation. We explain the proposed legal fee privately and in writing.

Florida’s attorney-compensation statute provides a presumption of reasonableness for certain ordinary formal-administration services. It expressly states that the schedule is not mandatory, that fees need not be based on estate size, and that they are negotiable.

Formal administration often takes several months and sometimes longer. Required notices and claims must be addressed, but an appropriate interim distribution may be possible. A qualifying summary administration can be more streamlined. We review the estate before giving a practical expectation.

Formal probate provides an existing court case and a defined process for showing that the estate was administered and distributed correctly. Subject to permitted waivers, interested persons receive final accounting and distribution information and can raise timely objections. Before the personal representative is discharged, the court receives evidence of proper administration and distribution.

That structure can reassure a family that the will and the law have been followed. It also gives a careful personal representative an orderly route to completion. The relevant procedures appear in Florida Probate Rules 5.400 and 5.401.