Florida Probate & Trust Administration

When a member of a wealthy Palm Beach family passes away, settling the estate involves more than paperwork. Substantial estates often combine probate assets, trust assets, business interests, and real estate in several states. We guide personal representatives and successor trustees through Florida probate and trust administration under Chapters 731 through 735 and Chapter 736.

Formal Versus Summary Administration

Florida offers two main probate paths. Summary administration is available when the value of the probate estate subject to administration is $75,000 or less, or when the decedent has been dead for more than two years. It is faster and does not require appointment of a personal representative. Formal administration is the standard process for larger estates, it involves appointing a personal representative who marshals assets, addresses creditors, and distributes the estate under court supervision. High-net-worth estates almost always proceed through formal administration.

Duties of the Personal Representative

The personal representative has fiduciary duties to inventory and value assets, provide notice to creditors, pay valid claims and taxes, and distribute the estate to the proper beneficiaries. For complex estates, this includes valuing closely held businesses and illiquid assets, filing any required federal estate tax return, and managing assets during administration. Mistakes can create personal liability, so experienced guidance is important.

Creditor Claims and the Claims Period

Florida law sets strict deadlines for creditors to file claims after notice is given. A personal representative who properly publishes and serves notice can bar untimely claims, protecting the estate. We help ensure notice is handled correctly so that legitimate obligations are paid and stale or improper claims are challenged.

Trust Administration After Death

For families who planned with a revocable trust, the successor trustee administers the trust outside probate under Chapter 736. Duties include notifying qualified beneficiaries, providing accountings, paying expenses and taxes, and distributing assets according to the trust. Although trust administration avoids court supervision, the trustee’s fiduciary duties are real and enforceable, and beneficiaries of a large trust often scrutinize the process closely.

Homestead and Non-Probate Assets

Florida homestead frequently passes outside the probate estate and may need a separate determination of homestead status by the court. Assets such as jointly titled property, payable-on-death accounts, and life insurance pass by operation of law or beneficiary designation. We help fiduciaries identify which assets are probate, which are trust, and which pass directly, so nothing is mishandled.

Resolving Disputes

Large estates can attract conflict among heirs and beneficiaries, including will and trust contests, breach of fiduciary duty claims, and elective share disputes under Section 732.2065. We work to administer estates efficiently and, where disputes arise, to protect the fiduciary and the estate.

Consult a Florida attorney: Probate and trust administration deadlines and duties are strict. This is general information only. Engage a licensed Florida attorney to administer or advise on an estate or trust.