Any time someone passes away, they leave behind mourning family, friends, and other loved ones. They also leave behind the need for their estate or trusts to be distributed through the legal process of probate and trust administration.

Often, an adult child or close friend is named the executor of an estate or the fiduciary of the trust—the representative trusted with carrying out the desires of the decedent described in their estate planning documents. Being named as the fiduciary or executor can place an additional level of stress as the estate representative now needs to understand and handle the legal aspect of the estate administration while also coping with the loss of their loved one and caring for the rest of their family.

If you have been named as a personal representative, executor, fiduciary, or trustee of a loved one’s estate, you deserve the guidance of an experienced probate attorney who can guide you through the probate administration process as efficiently and effectively as possible so you can focus on your own healing.

Probate Administration

Probate administration is the legal process of distributing the assets of the decedent’s estate per the decedent’s instructions in their Will or per Florida statute if they died without a Will. There are two different forms of probate administration—summary probate administration for smaller estates and formal administration for larger and more complex estates. Our probate attorneys aide the personal representatives or executors of the estate through the entire probate administration process. Our probate administration services include:

  • Preparation of all legal documents needed for the probate process.
  • Representation for all probate court proceedings..
  • Advising personal representatives and executors of their duties and obligations in the probate administration process
  • Advising beneficiaries of their rights.
  • Aiding personal representatives and executors in gathering, preserving, and valuing all of the decedent’s assets in their estate.
  • Representing the interests of the estate and beneficiaries in challenges and disputes.
  • Assisting personal representatives and executors with the distribution of assets, settlement of debts from the estate, and the preparation of their fiduciary accountings.

It is common for fiduciaries who are trying to handle the probate administration process on their own to unintentionally make mistakes that cause a breach of their duties—which could lead to intended beneficiaries being deprived of their rights, unnecessary taxes or other costs accruing, and unnecessary litigation. Hiring an experienced probate attorney to represent and guide you through the probate administration process protects the fiduciary and the decedent’s estate from the damaging effects an unintentional breach of fiduciary duty can cause.

Trust Administration

If your recently deceased loved one held their assets through a properly drafted and funded living Trust, there will likely be no need for a court managed administration, but the successor trustee named in the Trust will be responsible for administering the assets of the estate per the guidelines instructed in the Trust documents. The Trust administration process includes:

  • Thoroughly reviewing and understanding all terms of the Trust.
  • Providing mandatory notice to all of the decedent’s beneficiaries and heirs.
  • Handling any Trust contests or challenges.
  • Fully accounting for all assets handled within the Trust and ensuring the title of real property is transferred appropriately.
  • Aiding the trustee in handling tax reporting to the IRS and payment of tax and other debt obligations.
  • Obtaining appraisals to establish the value of assets that do not hold an assigned value.
  • Assisting trustees in the proper distribution of assets to beneficiaries.

Proper administration of a Trust can be complex and confusing. During such an emotional time, the trustees should not be left to figure the administration process out on their own. Hire an estate and probate lawyer with experience handling Trust administration to help guide you through the Trust administration process and ensure you do not make any unintentional mistakes throughout the process.

Experienced Tampa Probate and Estate Lawyers

We compassionately guide personal representatives, executors, and trustees through the probate and trust administration process.

If you have recently lost a loved one who has entrusted you to act as their personal representative, executor, or trustee of their estate or trust, you need the knowledgeable guidance of a skilled probate and estate planning lawyer. Myrthil’s Law, P.A. will guide you through the entire probate or trust administration process to ensure an efficient and effective probate administration.

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