Probate Law Overview

Probate Law

The Bryant Law Firm is a South Florida probate law firm providing comprehensive legal representation on probate matters to clients throughout the state. Florida probate attorney Randy A. Bryant has over a decade of experience handling a wide variety of probate matters, and is committed to providing his clients with the exceptional personal attention and thoughtful legal advice they deserve.

Florida Probate

In Florida, probate is the court-supervised process of identifying and gathering the assets of a deceased person, paying the deceased individual’s debts, and distributing all assets to eligible beneficiaries. The Florida Probate Code governs all Florida probate proceedings, and in most Florida counties these proceedings take place in a specialized probate division of the Florida Circuit Courts. This allows judges experienced in probate matters to oversee the process.

Probate proceedings are required to ensure that a deceased individual’s debts are properly paid off and all financial affairs are concluded, and to ensure that assets properly pass to the correct beneficiaries. This is especially important where there is no will to follow. However, probate is also required even where a valid will is available in order to ensure that all correct procedures are followed.

Probate Administration

Florida probate procedures are required in two situations: (1) when the deceased individual was a Florida resident with assets in Florida; or (2) the deceased individual was not a Florida resident but assets owned by the deceased are situated in Florida. Florida probate can also proceed through either a formal administration or summary administration process. Summary administration is allowed where the assets of the deceased are less significant or more time has passed since death.

Probate Assets

A probate proceeding must be conducted in Florida only when probate assets exist. Probate assets are those assets that are owned solely by the deceased at the time of his or her death. Any assets jointly owned or that indicate a designated beneficiary, such as a life insurance policy, are not subject to probate administration. Determining which assets are subject to probate can be a complicated matter. Additionally, when an individual designates beneficiaries or leaves no assets in his sole name, this can render a will ineffective, a fact that is often misunderstood. If you are considering your will, or are the beneficiary of assets of someone recently deceased, it is important to find a qualified Florida probate lawyer who can help you navigate the probate process and determine what your rights and responsibilities may be.

Helping You Through the Probate Process

If you have a family member or close relative who recently passed away, or know that you are the intended beneficiary of a deceased’s assets, you may benefit from the advice and representation of an experienced and knowledgeable Florida probate attorney like Randy A. Bryant. Randy A. Bryant and the Bryant Law Firm are equipped to handle a wide variety of probate matters. We have experience helping clients deal with issues as simple as inheriting Florida property from a parent, and as complicated as administering an estate based in Florida from outside of the country. No matter the level of difficulty, the Bryant Law Firm is prepared to provide clients with the personalized attention and careful guidance necessary. To schedule a free consultation to discuss your probate issues, call our Coconut Grove office at  (305) 456-2777. You can also contact us online.