Probate

Probate

Probate is the prerequisite to the distribution of assets in a Decedent’s estate.  Once someone passes away, probate is the procedure by which a Last Will and Testament (“Will”) is admitted to probate and a Personal Representative (Executor) is appointed to follow the instructions of the Will.  In the case of those who die intestate (without a Will), a Personal Representative (Executor) is appointed but is bound by the intestacy laws of the state in which the Decedent was domiciled (or where real property owned by a decedent located) for distribution of estate assets.

In Florida, a Personal Representative is required to be represented by an attorney, with limited exceptions.

Ms. Lavie has over a decade of experience as a Florida probate attorney and enjoys working with clients as they navigate the often perceived lengthy and complicated legal process of probate.

Examples in which Ms. Lavie assists clients in the Florida Probate process include:

  • Determine the appropriate legal procedure:
    • Formal Administration
    • Ancillary Administration
    • Summary Administration
  • Help identify the Personal Representative (Executor)
  • Prepare and file documents as required by probate court
  • Determination of Homestead Status of Real Property
  • Secure necessary renunciations
  • Notify Beneficiaries and other Interested Parties
  • Locate and secure assets
  • Arrange for Property Appraisals
  • Inventory Estate Assets
  • Determine whether there is any Federal Estate Tax Liability
  • Publish Notice to Creditors
  • Collect and Manage life insurance proceeds payable to the Estate
  • Settle estate claims
  • Arrange for Final Distribution of Estate Assets

Related areas of Estate PlanningEstate & Trust Administration, and Litigation.