Probate Administration in Florida
Representation Throughout the Complex Probate Process
Being named the personal representative of an estate may seem overwhelming if this is your first interaction with Florida’s probate system. Going through probate does not have to be complex—but it does require interaction with our legal system. If someone chooses to contest the will, it may take a long time to divide the estate of the deceased.
Regardless of the situation you find yourself in, know that all personal representatives are required to work with an attorney to administer the estate. Our team at Owenby Law, P.A. has the experience and demeanor necessary to help you complete all the steps of probate and, if necessary, defend the estate against challenges.
What Is Formal Administration?
Most estates in Florida go through formal probate—the legal process for administering and dividing an estate among claimants. Your first step will be filing a petition with the Probate Court to receive official recognition as the personal representative. Only once you are approved can the process begin. For this step alone, you will have to gather documentation and include legal declarations. When you partner with our attorneys, we can take on much of this work for you.
Disputes and Barriers to Probate Administration
If the decedent of the estate has left a legally binding will and all beneficiaries agree to abide by its instructions, the probate process should advance smoothly and with few delays. However, some circumstances can result in a lengthy and thorny legal process for everyone involved. They include:
- Lack of a valid will
- Challenges to a will’s legitimacy
- Disputes over spousal rights
As the personal representative, you may face legal challenges from anyone who believes you did not properly fulfill the decedent’s wishes. Charges like these may send your case to civil court. Arguing a case in front of a judge and jury is very different from the rest of the probate process. If you need advocacy in court, our attorneys are skilled in litigation and ready to fight for you.
Surviving Spouses and Estate Division Questions
Marriage entitles spouses to certain rights even after the death of their loved one. Whether or not they are included in the will, they should be able to receive a portion of the estate and their shared home. They may also receive a “family allowance.”
If you survived your spouse only to be left out during the probate process, it may be necessary to challenge the personal representative for your proper bequest. Our team can help you file a claim to fight for what you are owed.
Business Assets in Probate
Even when the decedent’s will accounts for business properties, it’s common to see disputes between business partners and other inheritors. When business assets are not accounted for in a will, struggle is all but inevitable. Oral promises may have been made, or plans hashed out but never officially recorded, leading to differing views of what is the “right” way to divide business properties. We can represent your interests in mediation and litigation.
Our Florida Probate Administration Lawyers Are Here to Help
Going through probate is never enjoyable, and trying to deal with the minutiae of the legal process while grieving is challenging. Our probate attorneys understand that you need support not just with proceedings, but also emotionally. Our caring team will advocate for you when necessary, and support you always.
You may have questions—so Owenby Law, P.A. is here with answers. Our attorneys have a combined 125 years of experience helping families through challenging times. If you are in or near Jacksonville, call us any time to schedule a free initial consultation.
Meet our team to see how we can help: Call (904) 770-3141 to learn more about our probate administration experience.
