Florida Estate Administration Lawyer Assists with Probate Issues
Sarasota estate lawyer guides clients on the distribution of property to heirs
Losing a loved one is always difficult, but having to settle their estate can add a whole new level of stress that’s hard to bear while you’re still grieving. The situation is even worse if you live in another state and you’re trying to distribute assets of a relative who retired to Florida. Acting part-time and at a distance, the process might become overly complex and expensive. Fortunately, Teresa K. Bowman P.A., CELA (Certified Elder Law Attorney) in Sarasota and Osprey offers comprehensive legal guidance on probate and estate administration. As an experienced Florida estate administration lawyer, I can help you complete the process in a timely manner, reducing the likelihood of delays and family conflict.
The role of an estate administrator in Florida
When a Florida resident dies, any of their property which does not automatically transfer via operation of law to a designated beneficiary or co-owner must go through probate. This is the process by which the court supervises the payment of outstanding debts and taxes, as well as the transfer of ownership for the remaining property. Property such as joint accounts, life insurance with named beneficiaries, or investment accounts such as 401Ks or IRAs pass via operation of law via a death certificate.
When a petition for Probate is filed, the court appoints a personal representative to act as estate administrator, typically the executor named in the decedent’s will. That person has a fiduciary duty to carry out the instructions left by the testator or the provisions of the state’s intestacy law if no valid will exists. Specific probate tasks include the following:
- Identifying and locating the decedent’s property
- Determining the value of the property
- Paying outstanding debts and taxes
- Paying attorney and court fees
- Collecting amounts owed the estate
- Distributing property according to the decedent’s will or Florida intestacy law
Estate administrators receive reasonable compensation paid from estate assets.
What to expect during the probate process in Florida
The probate process minimally takes five months, during which specific steps occur, such as:
- Determining whether the will is valid
- Filing the will
- Filing a Petition for Administration
- Appointing the Personal Representative
- Accounting of assets and debts
- Distributing remaining assets
- Closing the estate
How long probate lasts depends on the size of the estate, how well it has been managed and whether any legal disputes arise.
Florida intestacy laws when there is no will
If a decedent passes without a will, the situation is called intestacy. This means the property passes to heirs according to Florida inheritance law, which prioritizes close family members in the following order: spouse; children; parents and siblings.
Impact of estate taxes in Florida
Florida does not have an estate or inheritance tax. However, federal tax is imposed for estates whose total value exceeds the exemption amount, which is revised annually. For 2025, estates valued at $13,990,000 or less are not subject to federal taxation. The exemption can essentially be doubled for married individuals through careful estate planning. It’s important to know that the exemption level is slated to drop sharply in 2026 unless Congress takes action. If you’re concerned that your estate might exceed the current or future exemption amount, a Florida trust attorney can outline potential tax mitigation strategies.
How will contests and disputes impact estate administration in Florida
There are a number of reasons to avoid will contests. Litigation is expensive, and the estate must pay to defend the will, which means less wealth for the heirs. Litigation also drags probate out, delaying the distribution of property that heirs might be depending on. Finally, if the court has to invalidate the will, the estate might be settled according to intestacy laws, which can void bequests to some intended beneficiaries. Valid grounds for challenging a will include the following:
- Undue influence — Someone close to the testator manipulated the terms for their favor
- Lack of capacity — The testator was not of sound mind when executing the will
- Faulty execution — Failure to observe legal formalities
- Fraud — The testator was deceived about the will’s contents
- Counterfeit — The will presented is a phony
Heirs can also challenge an administrator for failing to follow the will’s instructions. If you have any suspicions regarding impropriety, a Sarasota probate attorney can advise you on your rights.
Contact a knowledgeable Sarasota estate administration attorney
Teresa K. Bowman P.A., CELA in Sarasota and Osprey helps settle decedents’ estates throughout Florida. To make an appointment regarding your specific situation, please call 941-735-0811 or contact me online.
