Losing a loved one is an emotional and challenging time, and dealing with legal matters can often feel overwhelming. At Arevalo Law, we understand the complexities surrounding probate and are here to guide you through the process with empathy and professionalism.

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Our dedicated team has extensive experience in handling all aspects of probate law. Whether your loved one left a will or passed away intestate (without a will), we have the knowledge and skills to assist you in achieving a smooth probate administration.

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What sets us apart is our commitment to providing personalized attention to each client. We take the time to understand your unique situation and tailor our approach accordingly. Our compassionate team will patiently listen to your concerns, answer your questions, and explain the probate process step by step, ensuring you feel informed and supported throughout.

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What to Do Upon Learning of the Death​​

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Upon learning that a family member or close friend has passed away, you should take the following steps immediately after their death:

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1.  Notify the decedent’s employer, personal physician, attorney, accountant, and anyone else closely involved in his or her life, or anyone who might have important information;

2. Make arrangements for the care of any animals, pets, minor children, or adults with disabilities, you’ll need to ensure they’re properly cared for immediately;

3. Arrange for a transfer of the body to a funeral home or mortuary. Hospitals will typically assist you with this, as well as nursing homes and other healthcare facilities;

4. Request original death certificates and purchase several copies;​

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Once you’ve addressed the immediate needs that arise after the death, you’ll have to begin the process of managing and settling the estate..  An “estate,” in legal terms, is the collection of assets, debts, and other issues left behind by a decedent.

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Probate or Trust Administration (Trustee Services)

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The legal process of winding up the affairs of the deceased is generally known as "probate" or "trust administration". The estate settlement process is the legal process of disposing of the assets of the decedent, paying the deceased person's debts, and addressing any other questions or legal issues that may arise, such as who becomes the owner of the decedent’s pets, how bank accounts will be disbursed or who is legally responsible for caring for any young children who were in the decedent’s care.

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As a general rule, only those who are chosen by the decedent or granted permission by the probate court can settle the estate. You can’t, for example, simply decide to start taking grandma’s money out of her bank account after she dies, even if you’re sure you know where the money has to go. Upon your family member's death, their property belongs to the estate, and until the estate transfers it in a probate proceeding, neither you nor anyone else, can use it.

The probate can be complicated, lengthy, and expensive, even if there aren’t any complications.

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3 Ways Our Law Firm Can Help You Navigate The Probate Process:

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1. 1. Probate Administration: We assist in the timely filing of necessary documents, including the petition for probate, inventory, and accounting. Our experienced team will ensure that all legal requirements are met, minimizing delays and complications.

2. 2. Will Contests and Disputes: If you suspect the validity of a will or believe that you have been unfairly excluded, our skilled litigators will protect your rights and advocate on your behalf, seeking a fair resolution through negotiation or litigation, if necessary.

3. 3. Probate Mediation and/or Litigation: In cases where conflicts arise during the probate process, we will help you navigate the mediation process to resolve that dispute. If the dispute can not be resolved through mediation and requires courtroom representation, our team will vigorously advocate for your interests and fight for a just outcome in probate court.

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Trust Administration:​

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Many types of trusts are not subject to the probate process, and if the trust owns property that passes to new owners after the trust creator dies, that inheritance process won’t be a part of probate either. If a relative dies and leaves behind a trust, the most important thing to understand is that, unlike a will, the probate proceedings will play a much smaller role in how the trust operates. 

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Whether you are a trustee or a beneficiary, we are here to provide the support you need as you face probate. We will ensure that all legal requirements are met, assets are properly distributed, and fiduciary responsibilities are fulfilled. Our goal is to streamline the trust administration process, allowing you to honor your loved one's wishes while minimizing any potential conflicts or challenges. Trust our dedicated attorneys to navigate the complexities of the process, providing you with peace of mind during this difficult time.

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Don't Navigate This Process Alone

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Managing an estate, navigating the probate process, and dealing with all the issues that arise after a relative dies can be difficult. We are here to guide you through this process after the death of a loved one and help to lighten the burden you are carrying so that you are able to properly grieve the loss of your loved one.

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Our team's approach is centered around providing you with personalized care and advice. In order to achieve that, we ask future clients to:

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Schedule a Free Consultation

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In this initial consultation, we will take the time to understand what you are going through, clearly answer your probate and trust administration questions and explain the process. You can schedule a consultation by clicking here.

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Frequently Asked Questions: 

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What is probate?

Probate is the legal process used to settle a person's estate after they pass away. It involves proving that a will is valid, identifying assets, paying debts and taxes, and distributing the remaining property to heirs or beneficiaries.

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Do all estates have to go through probate in Florida?

No. Some assets can pass directly to beneficiaries without probate. Examples include assets held in a living trust, jointly owned property with rights of survivorship, and accounts with named beneficiaries (like life insurance or retirement accounts).

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What happens if there is no will?

If someone dies without a will (called “intestate”), Florida law determines who inherits their assets. Usually, the estate will go to close family members in a set order (such as spouse, children, parents).

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How long does probate take in Florida?

Probate typically takes 6 to 12 months, but complex estates, disputes, or creditor claims can extend the timeline.

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How much does probate cost?

Costs depend on the size and complexity of the estate. Expenses may include court fees, attorney fees, accounting costs, and executor (personal representative) fees. In Florida, attorney fees are often based on a percentage of the estate value.

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What is a personal representative?

A personal representative (also known as an executor) is the person responsible for managing the estate during probate. This person collects assets, pays debts, and distributes property to beneficiaries.

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Who can be a personal representative in Florida?

A personal representative must usually be a Florida resident or a close relative (such as a spouse, sibling, child, or parent) of the deceased. They must be at least 18 and physically and mentally able to serve.

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Do I need a lawyer to handle probate?

While not legally required, probate involves many legal and financial responsibilities. An attorney can help you avoid mistakes, resolve disputes, and make the process smoother and faster.

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What is summary administration?

Summary administration is a simplified probate process available when the estate value is less than $75,000 (not including exempt property), or when the decedent has been deceased for more than two years. It is generally faster and less expensive.

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What is formal administration?

Formal administration is the traditional probate process used for larger or more complex estates. It involves appointing a personal representative and court oversight throughout the process.

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Can I avoid probate?

Yes. Common ways to avoid probate include creating a living trust, designating beneficiaries on accounts, and owning property jointly with rights of survivorship. Proper planning with an attorney can help minimize or avoid probate.

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Are creditors paid before heirs receive assets?

Yes. Valid debts and taxes must be paid before any distributions to beneficiaries. Creditors must be notified and given a chance to file claims during probate.

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Can someone contest a will?

Yes. A will can be challenged if someone believes it was signed under undue influence, fraud, lack of capacity, or if it does not meet legal requirements. Contesting a will requires filing a legal claim in probate court.

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What if there is a trust?

If a properly funded trust exists, assets held in the trust usually do not go through probate. The successor trustee can manage and distribute the trust assets according to its terms.

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What taxes are owed during probate?

Florida does not have a state estate tax. However, the estate may still owe federal estate taxes, final income taxes, and taxes on certain retirement accounts or property sales.

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How can I make probate easier for my family?

Planning ahead can greatly simplify probate. Strategies include:

• Creating a clear, valid will

• Setting up a trust

• Naming beneficiaries on financial accounts

• Keeping detailed records of assets and debts

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Probate can feel overwhelming, but you don’t have to handle it alone. At Arevalo Law, we guide families through every step with compassion, clarity, and respect. Contact us today to discuss your situation and find peace of mind.

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