Florida Probate & Trust Administration in Boca Raton

When a loved one passes, surviving family members and named fiduciaries must navigate Florida’s probate and trust rules to transfer wealth correctly. For larger estates, this process involves court oversight, creditor claims, tax considerations, and the rights of a surviving spouse. We guide Boca Raton personal representatives, trustees, and beneficiaries through settlement efficiently and with the privacy that high-net-worth families expect.

Formal vs. Summary Administration

Florida offers two main probate paths under Chapters 731 through 735. Formal administration applies to most estates of meaningful size and involves appointment of a personal representative, notice to creditors, and court supervision. Summary administration is a streamlined option available when the value of the probate estate subject to administration does not exceed the statutory threshold, or when the decedent has been dead for more than two years. We assess which path fits and pursue the most efficient route available.

The Personal Representative’s Duties

• Marshaling and valuing estate assets, including business interests and real property.
• Serving notice to creditors and resolving valid claims within statutory deadlines.
• Filing inventories and accountings with the court.
• Distributing assets to beneficiaries and closing the estate.

A personal representative is a fiduciary and can be held personally liable for missteps, so experienced counsel is essential when the estate is complex.

Homestead in Probate

Florida homestead property receives unique treatment. When a spouse or minor child survives, the constitution restricts devise and the property may pass outside the probate estate to protected heirs. Homestead is often shielded from the decedent’s creditors, but the rules are intricate, and a misstep can expose the family residence or trigger unintended ownership outcomes.

The Surviving Spouse’s Elective Share

Under Florida Statute 732.2065, a surviving spouse may claim an elective share equal to 30 percent of the elective estate, regardless of what the will or trust provides. The elective estate is broadly defined and reaches many non-probate assets, including certain trust property and beneficiary-designated accounts. We advise both spouses asserting these rights and fiduciaries who must account for them.

Trust Administration

When assets are held in a revocable trust, the successor trustee administers them under Chapter 736 largely outside court supervision. Florida nonetheless imposes duties to notify qualified beneficiaries, account for trust property, and pay valid claims. We help trustees discharge these duties correctly while preserving the privacy that motivated the trust in the first place.

Ancillary Administration

If the decedent owned Florida property but lived elsewhere, ancillary administration may be required here. We coordinate with out-of-state counsel to settle the Florida portion of a multistate estate.

Consult a Florida Probate Attorney

Probate and trust administration are deadline-driven and fact-specific, and this page is general information rather than legal advice. Consult a licensed Florida attorney promptly after a death to protect the estate, the fiduciary, and the beneficiaries.