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Need Help With Estate Administration?

Settling an estate after someone passes often involves more than expected. Collecting assets, paying debts, and distributing property can quickly become overwhelming. We manage these details with efficiency and care. At Berg Bryant Elder Law Group, our team steps in to handle the legal and financial responsibilities of estate administration, giving families the time and space they need to focus on moving forward.

Estate administration means handling someone’s legal and financial affairs after they die. At Berg Bryant Elder Law Group, our estate administration attorney in Florida offers clear, straightforward help during this difficult time, giving you confidence and peace of mind.

Every family faces unique challenges – we provide personalized solutions, not cookie-cutter approaches.

What Is Estate Administration in Florida?

Estate administration is the legal process of organizing and settling someone’s affairs after death. This includes finding financial accounts, real estate, and personal property, paying debts, filing tax returns, and distributing assets to beneficiaries according to the deceased’s wishes or Florida law.

In Florida, a Personal Representative (also called an executor or administrator) handles this process. If the deceased had a will, they likely named someone for this role. Without a will, the probate court appoints an administrator following Florida’s intestacy laws.

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The Estate Administration Process in Florida

Breaking down the estate administration process into clear steps helps create clarity during a tough time:

1. Initial Steps After Death

  • Getting death certificates (usually 5-10 copies)
  • Finding the will and other estate planning documents
  • Notifying Social Security, insurance companies, and financial institutions
  • Securing property and valuable assets

2. Probate Court Proceedings

  • Filing the will with the probate court in the county where the deceased lived
  • Petitioning for appointment as Personal Representative
  • Receiving “Letters of Administration” that authorize you to act for the estate
  • Publishing notice to creditors in a local newspaper

3. Managing the Estate

  • Creating an inventory of all assets
  • Determining which assets must go through probate and which pass outside probate
  • Paying valid debts and contesting improper claims
  • Filing final income tax returns and potential estate tax returns
  • Distributing remaining assets to beneficiaries

While this process may seem daunting, having a clear roadmap makes a significant difference. Our estate administration attorneys will guide you through each step, ensuring nothing is overlooked. 

Different Types of Estate Administration in Florida

Florida offers several probate administration options based on the estate’s size and complexity:

Formal Administration

This is the standard probate process that applies to most estates. It involves court supervision throughout the entire administration period, typically lasting 6-12 months, but can take longer for complex estates.

Summary Administration

Available for estates valued under $75,000 or when the deceased has been gone for more than two years. This simplified process can wrap up in as little as 2-3 months with fewer court appearances and less paperwork.

Disposition Without Administration

This rare option applies when the deceased left very limited assets worth less than the funeral expenses and final medical bills. It’s mainly used when the only assets are personal property exempt from creditors’ claims.

Our attorneys will assess your specific circumstances to identify the most efficient path forward, potentially saving you significant time, money, and stress during an already difficult period.

Areas Served

Duval County

  • Jacksonville
  • Atlantic Beach
  • Jacksonville Beach
  • Neptune Beach
  • Baldwin

Clay County

  • Green Cove Springs
  • Orange Park
  • Middleburg
  • Lakeside
  • Fleming Island
  • Oakleaf Plantation
  • Bellair-Meadowbrook Terrace
  • Keystone Heights
  • Penney Farms

St. Johns County

  • St. Augustine
  • Hastings
  • Vilano Beach
  • St. Augustine Beach
  • Ponte Vedra / Ponte Vedra Beach
  • Fruit Cove
  • Palm Valley
  • Nocatee
  • World Golf Village
  • St. Augustine Shores
  • St. Augustine South
  • Sawgrass

Common Challenges in Florida Estate Administration

Even with careful planning, certain complications can arise during estate administration:

Contested Wills or Unclear Instructions

If family members believe the will doesn’t reflect the deceased’s true wishes due to undue influence, lack of capacity, or fraud, they may contest it. This can significantly extend the probate timeline and increase costs.

Complex Asset Structures

Estates containing business interests, out-of-state property, or complicated investments require specialized knowledge to properly value and distribute.

Tax Complications

Larger estates may face federal estate tax issues, and all estates require final income tax filings. Mistakes here can lead to penalties and personal liability.

Creditor Claims and Disputes

Figuring out which creditor claims are valid and which should be challenged requires careful legal analysis to protect the estate’s assets.

These challenges can quickly turn a seemingly straightforward estate into a complex legal matter. With experienced legal counsel from Berg Bryant Elder Law Group, you can anticipate potential obstacles and address them proactively, protecting both the estate assets and family relationships.

How a Florida Estate Administration Attorney Can Help

An experienced estate administration attorney provides crucial support throughout this complex process:

  • Guiding Personal Representatives through their legal duties and responsibilities
  • Ensuring compliance with Florida probate laws and court procedures
  • Managing creditor claims and potential disputes
  • Handling tax filings and minimizing tax liabilities
  • Facilitating smooth asset transfers to beneficiaries
  • Representing the estate in court when necessary

At Berg Bryant Elder Law Group, our Florida Board Certified Elder Law Attorneys bring specialized knowledge to estate administration matters, helping families throughout Northeast Florida handle this process with confidence.

Jacksonville Office (Main)
Orange Park Office
St. Augustine Office

Get Professional Help With Estate Administration

Handling estate administration while grieving can be too much to manage alone. Having expert legal guidance ensures the process goes smoothly while honoring your loved one’s wishes.

At Berg Bryant Elder Law Group, our estate administration attorneys serve families throughout Northeast Florida, including Jacksonville, Orange Park, St. Augustine, and surrounding areas. We provide clear, practical guidance through every step of the process.

Don’t face these complex legal matters alone. Contact us today to schedule a consultation and learn how we can help you through this difficult time with confidence and peace of mind.

Frequently Asked Questions

About Estate Administration

How long does estate administration typically take in Florida?

For formal administration, expect 6-12 months at a minimum. Summary administration can finish in 2-3 months. Factors like estate size, asset complexity, and potential disputes can extend these timeframes significantly.

Does all property go through probate in Florida?

No. Many assets can pass outside probate, including jointly owned property with right of survivorship, accounts with designated beneficiaries (like life insurance and retirement accounts), and assets held in trusts.

What happens if someone dies without a will in Florida?

When someone dies without a will (intestate), Florida law determines who inherits based on family relationships. Typically, spouses and children have priority, followed by parents and siblings. The court appoints an administrator to manage the estate according to these laws.

Can a Personal Representative be held personally liable?

Yes. Personal Representatives have fiduciary duties to the estate and its beneficiaries. Mistakes in asset management, creditor payments, or distributions can result in personal liability. Professional legal guidance helps prevent these issues.

How much does estate administration cost in Florida?

Costs typically include attorney fees, court filing fees, Personal Representative compensation, appraisal fees, and publication costs. Attorney fees are often based on the estate’s value or hourly rates, while other expenses vary based on the estate’s complexity.

Serving clients throughout Duval, St. Johns, Clay, and Nassau Counties including Jacksonville, Jacksonville Beach, Neptune Beach, Atlantic Beach, Ponte Vedra Beach, Orange Park, Fleming Island, St. Augustine, and surrounding areas.

Jacksonville Office (Main)
  • 7545 Centurion Parkway, Suite 108
    Jacksonville, FL 32256
    Monday-Friday: 8:30 AM - 5:00 PM
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Orange Park Office
  • 1929 Park Avenue
    Orange Park, FL 32073
    Monday-Friday: 8:30 AM - 5:00 PM
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St. Augustine Office
  • 145 Land Grant Ste 6
    St. Augustine, FL 32092
    Monday-Friday: 8:30 AM - 5:00 PM
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