Tampa Probate Attorney

When a Tampa resident dies, they often leave behind real and personal property. The process of gathering that property, paying the final expenses of the deceased, and distributing whatever assets remain is known as probate. Depending on the size and complexity of an estate, probate can take anywhere from a few weeks to several months, or in some cases years.

If you are the person charged with administering a probate estate as the personal representative, or simply an interested person in the distribution of the estate, it is best to consult with an experienced Tampa probate attorney. Knudsen Law is a full-service Florida estate and probate firm. We advise estates and estate beneficiaries of their duties and responsibilities under Florida’s Probate Code.

Losing a loved one is never easy, and dealing with probate can add further stress during such a difficult time. At Knudsen Law, our Tampa probate lawyers are committed to providing compassionate support and guiding you through the probate process with expertise and efficiency. We will assist you in understanding the specific probate process applicable to your situation and ensure that your loved one’s final affairs are settled according to their wishes.

• Probate Litigation
• Probate Mediation

The Basics of Florida Probate

Not everything a Tampa resident owned at the time of their death is necessarily a probate asset. A probate estate only includes property that was titled in the sole name of the deceased. For example, a joint checking account or a home co-owned with a spouse is not classified as a probate asset. Similarly, any assets that the deceased placed in a living trust prior to their death is excluded from their probate estate. So with proper estate planning, it is entirely possible for a person to pass away leaving substantial assets yet little or no probate estate.

If there is a probate estate, however, it normally must go through a court-supervised process of administration. If the deceased left a will, it will nominate a personal representative to administer the estate. If there was no will, then the court will appoint a personal representative in accordance with Florida law, usually the decedent’s surviving spouse or next-of-kin. The personal representative will then perform the following tasks:

• gather any assets that belong to the estate, including the collection of any debts owed to the deceased;
• notify any potential heirs, beneficiaries, or creditors of the deceased that an estate has been opened;
• accept or reject any creditor claims made against the estate;
• pay any additional expenses of administering the estate, including maintenance of any property under the estate’s control;
• pay any taxes owed by the deceased or the estate;
• distributing any remaining assets based on the terms of the decedent’s will, or as provided for by Florida law.

In a formal probate administration, the personal representative must file an inventory of the estate’s assets as well as a final accounting showing how that property was distributed. In small estates with little property, it may be possible to manage the probate through either a summary administration process or a disposition of personal property without administration.

Understanding the Types of Florida Probate

Florida offers three main types of probate proceedings to accommodate different circumstances:

• Formal Probate: This traditional and common probate process is ideal for larger estates or those involving complex issues. It requires more court involvement and follows a structured procedure. To initiate formal probate, a petition is filed with the court, a personal representative (executor or administrator) is appointed, creditors are notified, and a detailed inventory and appraisal of assets are conducted. Formal probate is necessary when the estate’s assets exceed $75,000.
• Summary Probate: For smaller estates, summary probate offers a simplified and expedited process. It is generally faster and less costly compared to formal probate. To qualify for summary probate, the estate’s assets (excluding exempt property and homestead) must be valued at less than $75,000. In a summary probate, the personal representative can distribute assets directly to beneficiaries without a complete administration process. The court’s involvement could be more minimal, streamlining the process.
• Ancillary Probate: When a decedent owns property in another state or country besides their primary residence in Florida, ancillary probate is necessary to transfer and administer the out-of-state or foreign property according to the jurisdiction’s laws and procedures. In Florida, ancillary probate is usually handled alongside the primary probate process for the decedent’s Florida estate. It involves filing an ancillary petition in the appropriate court, appointing a local personal representative if required, and administering the property located outside of Florida.

Navigating Tampa Probate with Knudsen Law

The probate process is often overwhelming for families already struggling to deal with their grief upon the loss of a loved one. Our Tampa probate attorney can help take the legal and administrative burden of managing your family member’s estate off of your shoulders.

We are here to provide the guidance and support you need during this challenging time. Efficiently settle a decedent’s affairs in Florida. Understand formal, summary, and ancillary probate processes. Ensure rightful transfers and resolution of disputes. Let our knowledgeable Tampa probate lawyers at Knudsen Law help you navigate the complexities of Florida probate. Contact Knudsen Law today at (727) 398-3600 to schedule a consultation.