The Probate Division of the Circuit Court is divided into two sections, Estates and Guardianships.  Estates are matters where the person has died and his or her relatives seek to administer the property that was owned by the decedent so that it can be distributed to the heirs at law of the decedent, which could be a surviving spouse, children, or other relatives.  There are two types of petitions, Testamentary or Testate actions wherein the decedent had previously signed a Last Will and Testament, and Non-Testamentary or Intestate actions, wherein the decedent died without having prepared a Will.

Even if a person dies without leaving a Last Will and Testament (intestate), his or her property is entitled to be distributed to the heirs.  The property is not lost and does not get transferred to the State of Florida just because there was no Will, as we have sometimes been asked.

Guardianships are matters within the jurisdiction of the probate division which involve an incapacitated person, or a minor child (who are deemed under the law to lack sufficient capacity due to their age being below the legally recognized age for being classified as an adult).  Incapacity, due to the above circumstances requires the need for a Guardian to be appointed to assist the Ward (person in need of guidance) with decisions affecting their life.  Such could be how to safekeep property for a child who has lost his/her parents, or settlement funds received on a claim where the child was injured.  Also, Guardianships are formed to help elderly persons or other incapacitated adults manage their affairs when life gets a bit too difficult to manage on their own.

Preparing a Last Will & Testament and other related documents is a good idea to manage someone's affairs before the need arises.  It is highly recommended to have a detailed interview with the client about their assets and affairs so that the client can understand how their property is currently titled, how it may be distributed upon their death, or how their entrusted family members could best manage their property in a time of incapacity.

Thereafter, we can determine which type of probate document is best suited for the client's situation.  Perhaps we can even avoid probate administration by reviewing your assets and structuring the title to the assets in a manner that ownership would immediately pass to the beneficiary upon your death.

These matters are complicated and require in depth consultation to ensure that the right choice is made.  Our firm not only assists you in establishing a Will, but will be ready to assist your family members in the administration of the Will by opening an estate action in the probate court and representing your estate against any claims of creditors and in the distribution of the assets to the heirs of the estate.

In some cases, heirs can benefit from Florida's Homestead Laws and be entitled to receive the decedent's real property (if it was his/her homestead) free and clear of any creditor claims, with the exception of the bank holding a mortgage on the house.  In those case, we can help you refinance the mortgage so that you might be able to afford the loan and remain with the house.

Our firm has also assisted many clients in Will contests and related matters where just before the decedent died, there might have been some undue influence exerted over the person to get them to dispose of their property to a person, whom they otherwise might not have desired to receive the benefit of the distribution.

Please feel free to give us a call so that we can explore further your needs in this area of law.