Probate Administration Attorney in Brandon
Probate administration can be complex and time-consuming. Curry Law Group guides executors and beneficiaries through the process.
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Table of Contents
The Probate Process
Probate validates a will, inventories assets, pays debts and taxes, and distributes remaining assets to beneficiaries. The process typically takes 6-12 months. Court supervision ensures proper administration and beneficiary protection.
Executor's Duties
Executors must locate assets, secure property, pay debts and taxes, file required documents, and distribute assets to beneficiaries. We assist executors to fulfill these duties properly and avoid personal liability.
Avoiding Probate
Living trusts avoid probate entirely and provide faster, more private distribution. Joint ownership, payable-on-death accounts, and transfer-on-death deeds also avoid probate for specific assets.
Disputed Estates
Beneficiary disputes, validity challenges, and creditor claims complicate probate. We resolve disputes through negotiation or litigation, protecting the estate and rightful beneficiaries.
Frequently Asked Questions
How long does probate take? Typically 6-12 months in Florida, sometimes longer if estate is complex or disputed. Do I have to probate a small estate? Small estates (under $75,000) may use simplified probate. Estates under $20,000 may use even faster procedures. What are executor duties? Locate assets, secure property, pay debts and taxes, file documents, and distribute to beneficiaries.
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For probate administration, Curry Law Group guides you through the process. Call 813-653-2500 for a consultation.
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Our attorneys represent clients across Hillsborough County. Explore this practice in your community:
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Important Estate Law Terms
Understanding these terms can help you make informed decisions about your case.
Ancillary Probate
A separate probate proceeding in a state where a deceased person owned property, in addition to the main probate in their home state. It is often needed for Florida real estate owned by non-residents.
Read full definitionBeneficiary
A person or entity named to receive property or benefits from a will, trust, or insurance policy. Beneficiaries may be primary or contingent if the primary beneficiary cannot inherit.
Read full definitionCodicil
A formal amendment or addition to an existing will. In Florida, a codicil must be executed with the same formalities as a will — signed and witnessed.
Read full definitionElective Share
A surviving spouse's right under Florida law to claim a portion of the deceased spouse's estate — generally 30% — even if the will leaves the spouse less or nothing.
Read full definitionEstate Administration
The legal process of transferring a deceased person's property to the rightful heirs or beneficiaries, whether or not there was a will. It ensures debts are paid and assets are distributed correctly.
Read full definitionEstate Tax Planning
A legal plan to reduce or avoid estate taxes on assets passed to heirs. It uses tools like trusts, gifts, and marital deductions to preserve more wealth for beneficiaries.
Read full definitionStart Consultation
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Forms & Common Questions
Get immediate answers and the right intake forms for your matter.
Related Legal Forms
Estate Planning Questionnaire
Comprehensive form covering assets, liabilities, and beneficiaries for estate planning.
Wills Information Questionnaire
Detailed questionnaire for will preparation including guardians, trustees, and beneficiaries.
Wills Client Questionnaire
Client intake questionnaire specifically for will drafting and estate distribution.
Probate Questionnaire
For probate administration after a loved one passes — includes asset inventory.
Top-Asked Questions
Yes. A will lets you control how your property is distributed and who raises minor children. A revocable living trust avoids probate (saving time/money), provides privacy, and manages your affairs if you become incapacitated. Many people benefit from both. We recommend consulting an estate attorney to determine what's right for your situation.
Probate is the court process that authenticates your will and distributes property. In Florida, it typically takes 6 months to 2 years depending on complexity and asset value. It's public, can be expensive, and ties up assets. A properly drafted trust avoids probate entirely.
A will only takes effect after death and goes through probate. A living trust takes effect immediately, avoids probate, provides privacy, and lets you manage your affairs if incapacitated. Trusts are more complex but offer significant advantages for most people. We help you decide which documents you need.
You create a durable power of attorney (for financial decisions) and health care power of attorney (for medical decisions). These documents let you name someone to make decisions if you become unable to. Without them, your family must go to court for guardianship—expensive and public. Plan ahead to avoid this.
Florida has no state estate tax, but federal estate tax applies to estates over $13.61 million (2024). Your estate might still owe federal taxes, and beneficiaries inherit property at stepped-up basis (reducing capital gains tax). Proper planning minimizes taxes. We help structure your estate tax-efficiently.
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