Simplifying the Estate Settlement Process in Florida

Navigating the complexities of probate and estate administration in Florida can be overwhelming. We provide clear, compassionate support to ensure your loved one’s wishes are honored, disputes are resolved, and assets are distributed efficiently while adhering to Florida-specific requirements.

Probate Process Guidance

A LEGAL PROCEDURE

The probate process in Florida is the legal procedure for validating a will and distributing a deceased person’s assets under the supervision of the Florida Circuit Court, Probate Division. Without proper guidance, it can be time-consuming and stressful for families. Our team helps streamline the process by:

  • Ensuring the will is properly filed and validated with the Florida probate court.
  • Identifying, appraising, and valuing estate assets.
  • Handling creditor claims and outstanding debts within the three-month claim period after the notice to creditors is published.
  • Managing court filings, including the Inventory and Final Accounting.
  • Facilitating the smooth distribution of assets to beneficiaries.

Florida offers three types of probate depending on the estate size and complexity:

  1. Formal Administration: Required for larger or more complex estates.
  2. Summary Administration: A faster, simplified process for smaller estates valued under $75,000 or when the decedent has been deceased for more than two years.
  3. Disposition Without Administration: Available for small estates where final expenses exceed remaining assets.

If no will exists, we guide families through Florida's intestate succession process, ensuring state laws are followed while protecting the estate’s value.

Executor Support

HELPING FULFILL RESPONSIBILITIES

Being named an executor (known as a "personal representative" in Florida) comes with significant legal and financial responsibilities. We provide the support needed to navigate this role effectively, including:

  • Collecting and safeguarding estate assets.
  • Filing the Petition for Administration and required documentation with the Florida Circuit Court, Probate Division.
  • Managing estate tax filings, including federal returns if the estate exceeds the federal estate tax exemption threshold. Florida does not impose a state estate tax.
  • Communicating with beneficiaries and creditors.
  • Ensuring timely and accurate asset distribution while adhering to Florida probate timelines.

Whether you’re an experienced executor or handling this responsibility for the first time, we’ll help you fulfill your duties confidently while avoiding common pitfalls.

Resolving Estate Disputes

HANDLING FAMILY MATTERS

Unfortunately, disagreements can arise during estate administration, even with a clear will in place. In Florida, these disputes are typically handled by the Florida Circuit Court, Probate Division. We offer experienced guidance to resolve estate disputes efficiently, aiming to protect relationships while ensuring fair outcomes. Common issues include:

  • Will Contests: Allegations of undue influence, fraud, lack of capacity, or improper execution under Florida Statutes Chapter 732.
  • Beneficiary Disputes: Conflicts over asset distribution or differing interpretations of the will.
  • Executor Concerns: Claims of mismanagement, delays, or lack of transparency.
  • Intestate Disputes: Disagreements when no will exists, requiring adherence to Florida's intestacy laws.

Our approach prioritizes negotiation and mediation to avoid costly litigation whenever possible. If court intervention becomes necessary, we advocate vigorously for your rights in the Florida probate court.

Compassionate, Professional Support Every Step of the Way

Whether you're navigating probate, managing an estate, or resolving a dispute, you don’t have to face it alone. Our team provides the expertise and personalized support needed to protect your interests, comply with Florida probate laws, and honor your loved one's wishes.

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Serving Our Communities With Dignity and Compassion

At The Law Offices of Clifford M. Cohen, we believe estate planning is for everyone. From wills and trusts to advanced estate planning strategies, we are the experienced choice for young couples, middle-class families, and high-net-worth individuals. Contact us today to get started.

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© 2025 Law Offices of Clifford M. Cohen | Phone: 202-895-2799
5335 Wisconsin Ave NW #440, Washington, DC 20015