Sarasota Probate Attorney

Probate Lawyer in Sarasota, FL

Probate can be complex, but it becomes exponentially more so while trying to navigate feelings of grief and loss. If your loved one passes away and their assets do not transfer after their death, at least part of their estate must go through probate. Though probate is meant to ensure property transfers according to the decedent’s will and state law, it can have negative consequences. A Sarasota probate attorney can make all the difference as you work through the process.

You Need an Experienced Sarasota Probate Attorney

For more than 20 years, the Law Office of Douglas A. Oberdorfer, P.A., has helped the members of our community through probate. Probate can be emotionally challenging and time-consuming; our team understands these complexities and can help reduce the struggles you experience.

Almost 70% of adults in 2024 did not have a will in place, a decrease from 2023. This means more and more families are likely to experience probate to settle their loved ones’ estates. Fortunately, experienced family law attorneys can support you through the process and help you reach a positive outcome.

A Comprehensive Probate Strategy

Probate is far from a simple process. There are often many steps that must be completed before assets can be distributed to the beneficiaries, steps that could potentially reduce the total value of assets the beneficiaries receive. A dedicated and experienced probate administration attorney can be an invaluable resource during this time.

The Law Office of Douglas A. Oberdorfer, P.A., understands the delicate nature of probate cases, and our compassionate team can help you through every part of probate administration, including:

• Formal administration
• Asset distribution
• Asset valuation
• Summary administration
• Following the decedent’s wishes in the will
• Negotiating creditors’ claims
• Mediating disputes between beneficiaries and heirs
• Conservatorships and guardianships

It is important to note that our team not only helps with probate administration, but we can also help you create an estate plan that allows your loved ones to avoid probate in Florida. In the 23/24 fiscal year, there were 71,282 probate filings in Florida, a number that could have been drastically reduced with estate planning. Our team can help ease the transition for your loved ones following your death by establishing a complete estate plan that meets your needs.

Types of Probate in Sarasota, FL

Depending on the circumstances of the estate, there are three different routes of probate administration:

• Formal Administration: Formal administration is the most common type of probate and takes the longest to resolve. A personal representative is appointed to administer the estate, pay debts, or distribute assets. Creditors must be notified, and they can file a claim against the estate during the claims period. Formal administration is used to resolve issues related to complex asset distributions, will contests, or disputes among heirs.
• Summary Administration: In some instances, an estate can be resolved with the expedited form of probate: summary administration. This option is available when the non-exempt portion of the estate is valued at $75,000 or less, and there is no debt. It is also an option if the decedent died more than two years ago, as creditors can no longer make claims on the estate. This process is generally faster than formal administration.
• Disposition Without Administration: This process is only an option if the estate does not hold any real estate and the expenses of the estate are greater than the total value of the estate following probate. The estate only requires filing forms and will avoid any probate hearings.

The type of probate your loved one’s estate is resolved through can have a drastic impact on the results. We can help you choose the right option and work with you from beginning to end in the Sarasota area.

The Florida Probate Process

Probate is a legal process implemented to manage a decedent’s estate and appropriately distribute assets. Parts of the process include:

• Validating the decedent’s will in probate court
• Identifying the decedent’s personal property and preparing an inventory
• Determining the value of the decedent’s assets
• Notifying creditors and paying any outstanding debts
• Filing the decedent’s taxes
• Paying court and attorney fees from estate assets
• Distributing the remaining property per the decedent’s will or Florida law

The Florida Homestead Exemption

Although a deceased person’s assets can generally be used to pay their outstanding debts during the probate process, primary residences are exempt from this obligation under the Florida Homestead Exemption in the Probate Code. This means that the home cannot be sold in order to pay unsecured debts. The home can be leveraged to pay a mortgage or lien on the property.

If the surviving family of the deceased person wants to sell the primary residence, they must conduct a title search on the property, which is a legal review of the home’s ownership history. During the title search, any unpaid liens should show up, allowing the family to pay them and obtain a clear title for the property. After the clear title is in hand, the family can sell the home unencumbered by any questions about ownership or legal claim to it.

Trust Administration vs. Probate

Probate can be a complicated process, and it can take a long time for a deceased person’s assets to ultimately get into the hands of their family members. One way to avoid the long and drawn-out process of probate is to place assets into a revocable trust while you are still living. The process for administering a trust looks quite different from probate.

When a revocable trust is formed, the person creating the trust is often named as the trustee, meaning they maintain legal control over the assets. The documents governing the trust typically include the name of a successor trustee, who will take over control of the trust when the original trustee dies. Upon the death of the original trustee, the following actions are taken: 

• The trustee takes control of the assets listed in the trust.
• Any beneficiaries of the trust are notified of the original trustee’s death. Beneficiaries are allowed to review trust documents.
• If the deceased person had any debts that are legally payable using assets in the trust, the successor trustee takes care of those transactions.
• If any taxes are owed on the estate, the trustee pays those. Some trust structures allow you to avoid certain estate taxes.
• The trustee manages the assets according to the instructions in the trust documents. For example, if a deceased person wants to continue providing for an unmarried partner, a trust may include instructions to use trust funds to continue paying the partner’s living expenses for a predetermined period of time.
• Finally, according to the terms of the trust, the rest of the assets in the trust are distributed to the named beneficiaries, and the trust can be terminated.

Unlike probate, the length of time it takes to administer a trust is largely dictated by the terms of the trust itself. Some trusts can be fully administered and dissolved in a matter of months, while others are designed to stand for years. However, even if trust administration takes a long time, it can still shield assets from the probate process. Additionally, when assets are distributed through probate, the will becomes a public record. Trusts allow property transfers to happen privately.

FAQs

Does My Loved One’s Estate Need to Go Through Probate in Florida?

Your loved one’s estate may need to go through probate in Florida. The total value of their estate, the length of time since it has been since their death, and the estate plans they implemented will all impact whether their estate must go through probate. If you have questions about your loved one’s Florida estate, we can help you navigate probate law and the legal system.

What Assets Do Not Go Through Probate?

There are several types of assets that will not go through probate, meaning they are often protected from creditors and beneficiary disputes. Property held in joint tenancy, such as a home owned by a couple or a shared bank account, and assets with a designated beneficiary, such as a retirement account or life insurance proceeds, are exempt from probate. Any assets held within a living trust are also exempt from probate.

How Much Does a Probate Attorney Cost in Florida?

The total amount a probate attorney will cost depends heavily on the value of the estate. Florida has outlined lawyers’ fees that are reasonable to settle estates based on the value that goes through probate. The lowest fee of $1,500 applies to estates valuing $40,000 or less. The largest fee of $3,000 plus 1% of the value above $10 million applies to estates valuing $10 million or more.

Do I Need a Lawyer to Go Through Probate in Florida?

You may need an attorney to go through probate, depending on the type of probate. Even if you are not required to hire a probate attorney, it can be complicated and confusing. Any mistakes during probate can result in delays and could reduce the value of distributable assets. A knowledgeable and experienced probate attorney can support you through the process and help prevent any mistakes.

Hire a Sarasota Probate Attorney

Often called Florida’s Cultural Coast, Sarasota is known for its diverse cultural and vibrant arts scene. Living here offers a plethora of experiences, but it does not exempt our community from the realities of losing a loved one and going through probate court.

When you and your family are faced with the probate process, you need a competent, experienced attorney to guide you through it. Reach out to the Law Office of Douglas A. Oberdorfer, P.A., so we can help you during this difficult time.

Sarasota, FL Probate Resources

• How Much Does Probate Cost in Florida?
• How Long Do You Have To File Probate After Death?
• Probate Process Without A Will
• How Long Does Probate Take Without Will?