Probate administration in Florida is a court-supervised process to settle a person’s estate after death. It involves distributing assets, paying debts, and handling legal ownership. Even with a valid will, the process can be complex, especially when the estate includes business interests, real estate, or significant assets.
An attorney helps manage the legal steps, from filing court petitions to addressing creditor claims and asset transfers. Proper guidance minimizes delays, ensures compliance with Florida law, and reduces the risk of disputes among beneficiaries or outside parties.
At Aventus Law Group, we assist clients in the Greater Orlando Area and across the State of Florida in all aspects of probate matters that include but are not limited to, real property, closely held businesses, and estate tax considerations. Our experienced team of estate and probate lawyers allows us to handle both routine and complex probate matters with clarity and efficiency.
Understanding the Probate Administration Process
Probate begins when the deceased’s will is filed with the court, or, in the absence of a will, when a petition is submitted to start intestate proceedings. Florida law outlines clear procedures for both paths, but each requires detailed compliance with filing requirements, court notices, and deadlines.
Duties of a Personal Representative
In Florida, the personal representative is the individual or institution appointed to handle the estate. They are responsible for securing assets, notifying creditors, managing tax filings, paying debts, and ensuring proper property distribution. If appointed improperly or if they make mistakes, the estate can face legal disputes or tax complications. We assist personal representatives from start to finish, ensuring they fulfill their legal responsibilities without unnecessary delays or liability exposure.
Probate and Business Interests
Aventus Law Group is uniquely positioned to assist with matters related to business asset probate. When a decedent owned shares in a closely held corporation, managed an LLC, or had real estate as part of their investment portfolio, probate administration must include careful legal and tax planning. Our experience in business transactions, corporate law, and estate planning allows us to coordinate estate administration with ongoing business operations and succession needs, helping preserve business value and continuity.
Florida’s Types of Probate
Florida recognizes formal administration and summary administration.
- Formal administration applies when the estate exceeds $75,000 in non-exempt assets or the decedent passed away within the last two years.
- Summary administration may be available for smaller estates or those beyond the two-year mark.
- Ancillary administration applies when the deceased was domiciled in another jurisdiction and owned assets in Florida.
Choosing the proper form depends on the estate’s value, complexity, and timing. Our team assesses each client’s situation and advises on the most efficient route to legally resolve the estate.
Avoiding Probate Disputes
Even with a valid will, disputes can arise. Heirs may contest the terms, creditors may challenge claims, or fiduciaries may face accusations of mismanagement. Working with a business litigation attorney who understands both probate law and courtroom strategy is essential when probate litigation arises. Aventus Law Group handles contested matters with the focus and precision needed to resolve disputes and protect estate assets.
Tax and Regulatory Compliance
While Florida does not impose a state inheritance tax, federal estate tax rules may apply. In probate cases involving trusts, corporate shares, or significant real estate holdings, estate tax filings and compliance with IRS regulations become critical. We help clients navigate these federal requirements and coordinate with financial professionals when needed, ensuring the estate remains fully compliant.
Frequently Asked Questions About Probate Administration
No. Assets held in a trust, jointly owned property with survivorship rights, or accounts with designated beneficiaries can often bypass probate.
Depending on the specific circumstances, any Florida resident or close relatives living out of state may be eligible.
The estate is handled under Florida’s intestate succession laws, which determine how assets are distributed to surviving family members.
Yes. Disagreements over a will, asset distribution, or fiduciary duties may result in litigation. When this happens, working with a business litigation attorney who understands probate disputes can be essential to protecting the estate’s interests.
It typically takes six months to a year, depending on the estate size, the presence of disputes, and the court’s schedule.
The Aventus Difference
At Aventus Law Group, we understand that probate administration is not only a legal responsibility but also an emotional process for families navigating the loss of a loved one. What sets us apart is our rare combination of legal skill and tax expertise—our attorneys are Florida Board Certified in Taxation and are also CPAs, allowing us to address probate, tax, and fiduciary matters with a level of precision few firms can match. Whether the estate involves complex assets, business interests, or potential estate tax exposure, we provide clear, compassionate guidance at every stage. From ensuring legal compliance to protecting estate value and minimizing conflict, our integrated approach delivers the trusted support you need. Contact us today to see how we can help you move through the probate process with confidence and care.