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Key Takeaways:
When a loved one passes away, you’re not just dealing with grief, you’re often facing a legal maze. Probate, the court process for settling someone’s financial affairs after death, can be a challenge even in straightforward cases. If you’ve been named as a personal representative or simply need help accessing your loved one’s property, having a Boca Raton probate attorney by your side ensures you don’t face it alone.
You may be sorting through paperwork, fielding calls from banks, or worrying about how long this will all take. The right legal support can help you handle everything from court filings to final distributions with fewer delays, less confusion, and far more peace of mind.
Table Of Contents
Probate is the official process for identifying and valuing a person’s assets, paying off their debts, and distributing what remains to beneficiaries. If there’s a valid will, the court ensures that the decedent’s wishes are carried out. If no will exists, Florida’s intestate succession laws determine who inherits.
The person responsible for carrying out these duties is called the personal representative (or “executor”). This person may be a surviving spouse, adult child, close relative, or even a trusted friend, appointed by the will or by the court. Their duties include filing documents with the probate court, sending notices to heirs and creditors, managing assets, paying outstanding debts, and eventually distributing what’s left.
Probate in Florida is governed primarily by the Florida Probate Code (Chapters 731–735 of the Florida Statutes). It’s also shaped by local rules, such as those followed by the Palm Beach County Probate Division.
You’ll likely need probate if:
Even if your loved one had a will, that alone doesn’t avoid probate. The court must still validate wills. And if no will exists at all, probate is the only way to formally determine heirs and distribute assets legally.
Situations that trigger probate:
In each of these scenarios, a Boca Raton probate administration law firm can help you establish authority, resolve title issues, and bring closure to the estate.
Probate isn’t just a single court filing, it’s a series of legal actions that must be taken in a specific order, often under tight deadlines. Whether you’re managing a modest estate or one with complex holdings, understanding the steps involved can help you avoid costly errors. Here’s a clear, step-by-step breakdown of the Florida probate process, especially as it applies to Boca Raton families.
Before anything can begin, the original will must be located and filed with the clerk of court in the county where the decedent lived. If no will exists, the court will proceed under intestate succession rules.
The personal representative files a petition with the probate court to open the estate. This petition includes basic information: the decedent’s identity, the proposed personal representative, whether a will exists, and a list of known heirs or beneficiaries.
Once the court approves the petition, it formally appoints the personal representative and issues Letters of Administration. This document gives legal authority to manage the estate, access bank accounts, sell real property, and handle claims.
The representative must publish a Notice to Creditors in a local newspaper and send direct notice to all known creditors and heirs. Creditors have 90 days to file claims against the estate.
An Inventory of Assets is filed with the court, listing each asset’s value as of the date of death. This often includes:
The estate must settle debts, including:
A final report is prepared showing all income, expenses, and proposed distributions. After court approval, assets are distributed to heirs, and the estate is officially closed.
Most formal probate cases in Palm Beach County take between 6 to 12 months, but complications like creditor claims, will contests, or missing documentation can delay things. By working with a Boca Raton probate administration lawyer, you’ll avoid common pitfalls and move through each phase with confidence.
Florida offers two primary types of probate proceedings: formal administration and summary administration. Both serve the same ultimate purpose: settling a decedent’s financial affairs and distributing their asset. However, they differ significantly in terms of eligibility, procedure, timeline, and complexity.
Understanding the differences between these two paths is crucial. Picking the wrong one can cause delays, force you to refile paperwork, or even limit your legal authority to access and distribute estate assets. Below is a breakdown to help you understand which type of probate might apply to your situation.
If you’re dealing with property titled solely in the decedent’s name, business interests, potential creditors, or a family conflict, formal administration provides structure and legal protection. It also allows the court to resolve disputes and protect all parties’ interests.
While Florida law doesn’t require an attorney for probate, most personal representatives find it nearly impossible to navigate alone, especially in formal administration. Here’s why legal counsel matters:
Working with a probate attorney ensures you don’t miss critical steps and helps preserve family relationships during an emotionally fragile time.
Probate often intersects with other legal matters, especially when estates involve out-of-state property, family disputes, or poorly prepared documents. At Boca Raton Probate Attorneys, we don’t just guide you through the standard probate process, we help you navigate the full spectrum of estate-related issues that may arise during or after probate.
Whether you’re administering a will, resolving a contested inheritance, or cleaning up decades-old title issues, we provide hands-on support tailored to your situation. Below are some of the complementary services we offer:
No matter the size or complexity of your probate matter, we offer comprehensive legal services to make the transition smoother. We’re here to ensure you don’t have to face these tasks alone.
If you’ve been named personal representative or need to help your family navigate the next steps, we’re here to support you. At Boca Raton Probate Attorneys, we help you move forward with clarity, compassion, and legal precision. We’re ready to help you honor your loved one’s legacy and settle their affairs with confidence.
Are you facing a tough decision about the future?
Reach out now. Our dedicated Boca Raton Probate Attorneys stand ready 24/7 to give you a no-pressure consultation crafted around your unique goals. CLICK THE BUTTON BELOW or CALL (561) 300-6099 and let’s chart the way forward together
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