At Ellis Law, the top probate attorneys in Boca Raton will guide clients through the probate process.
Seth Ellis
Seth E. Ellis is the founding and managing partner of Ellis Law Group, P.L., in Boca Raton, Florida, with over 30 years of experience in estate planning, trust administration, probate, and fiduciary matters. He specializes in asset protection strategies, including Domestic Asset Protection Trusts, helping clients safeguard assets from future creditor claims while maintaining discretionary access. Mr. Ellis also advises on complex estate and wealth transfer planning, serving as trustee or co-trustee for numerous high-value estates and overseeing the administration of over 600 insurance trusts.
Patricia Lincoln
Patricia Lincoln focuses her practice on fiduciary litigation, trust and estate administration, and estate planning, with significant experience in complex, high-value disputes. She represents executors, trustees, and beneficiaries in matters involving will contests, undue influence, fraud, and fiduciary duties. Known for her practical and empathetic approach, she helps clients navigate sensitive situations while working toward effective and balanced resolutions.
George R. Freund, III
George R. Freund, III has nearly 20 years of experience in estate planning, probate, and trust administration, with a focus on serving high-net-worth clients. He specializes in creating multi-generational trusts and developing strategies that minimize taxes while ensuring smooth asset transfers. He also advises trustees, beneficiaries, and personal representatives.
Ashton Malkin
Ashton Malkin has experience in estate and trust administration, guardianship matters, probate litigation, and residential real estate transactions. He is known for his attention to detail and client-focused approach, advising personal representatives, trustees, beneficiaries, and guardians across these areas.
Mekenzie Bittel
Mekenzie Bittel is an estate planning attorney who helps high-net-worth individuals and families develop advanced strategies to preserve and grow generational wealth. She advises clients with large estates on complex planning techniques, including sophisticated trusts, tax-efficient transfers, business succession planning, and charitable giving.
Scott Richman
Scott Richman has more than 30 years of experience practicing in the areas of taxation, trusts and estates. He advises clients on advanced planning strategies, transactions, and complex tax disputes.
Michael Schaum
Michael Schaum advises high-net-worth individuals and families on advanced tax and wealth-transfer strategies to preserve assets across generations. His practice focuses on trusts and estates, transfer taxes, asset protection, business succession planning, income tax planning, and tax-efficient charitable giving.
What is Probate, and When is it Required in Florida?
Probate is the legal process used to handle a person’s estate after they pass away. It typically involves identifying and gathering assets, paying any outstanding debts or taxes, and distributing the remaining property to beneficiaries. If the deceased left a valid will, the court oversees the process to ensure their wishes are properly carried out; if not, Florida law determines how the assets are distributed. Probate is often required when assets are held solely in the decedent’s name and do not have a designated beneficiary or joint owner. However, not all assets must go through probate, as certain property, such as jointly owned assets, accounts with named beneficiaries, or assets held in a trust, can pass directly to others without court involvement.
What are the Different Types of Probate Administration in Florida (e.g., Formal vs. Summary Administration)?
Under Florida law, there are two types of probate administration: formal and summary. Formal administration is the standard probate process, typically used for estates valued over $75,000 or when the decedent has been deceased for less than two years. It requires appointing a personal representative to manage the estate, pay debts, and distribute assets under court supervision. Summary administration is a faster, simpler process available for smaller estates worth $75,000 or less or for estates where the decedent has been dead for more than two years. It generally involves fewer court steps and does not always require a personal representative. While summary administration is often quicker and less expensive, formal administration may be necessary for more complex or larger estates.
How Long Does the Probate Process Typically Take in Palm Beach County?
The time of probate administration depends on each individual case. In Florida, the time required to complete probate depends on the type of administration and the estate’s complexity. Formal administration typically lasts six to twelve months, partly because creditors have three months to file claims. Simpler estates that qualify for summary administration can often be settled in just a few months. However, more complex estates, disputes among heirs, or out-of-state assets can significantly lengthen the process. Probate in Palm Beach County can take longer than in other counties due to the high number of cases the court handles.
What Assets are Exempt from Probate in Florida?
Several types of assets can bypass the probate process and transfer directly to heirs or beneficiaries. Common examples include property held in joint tenancy with rights of survivorship, which automatically passes to the surviving owner upon the death of the other. Accounts or real estate that have designated beneficiaries, such as payable-on-death bank accounts or transfer-on-death deeds, also avoid probate. Retirement accounts like IRAs and 401(k)s, as well as life insurance proceeds, pass directly to the named beneficiaries. Additionally, assets placed in a properly funded living trust are managed and distributed according to the trust terms without court involvement.
What Happens if a Person Dies Without a Will (Intestate) in Florida?
When a person dies without a valid will, their property is distributed according to intestate succession laws. Any assets not covered by a will pass directly to the decedent’s heirs, and their rights to the property take effect at the time of death. In many cases, the surviving spouse may receive the entire estate, especially if there are no descendants or if all descendants are shared between the spouses. However, if either the decedent or the surviving spouse has children from outside the marriage, the spouse typically receives one-half of the estate, with the remainder going to the descendants.
What is a Personal Representative (Executor), and What are Their Duties?
Florida Statute 733.602 outlines the general duties of a personal representative in probate. It states that the personal representative acts as a fiduciary and must manage and distribute the estate efficiently and in the best interests of beneficiaries and creditors.
Can Probate be Avoided Through Tools Like a Living Trust?
Yes. A revocable trust, or living trust, is a legal arrangement that allows you to manage your assets while alive and specify how they are distributed after your death. You, as the grantor, can act as trustee or appoint someone else to manage the trust, and you can modify or revoke it at any time while you are capable. Properly funding the trust—transferring ownership of your assets into it—is key to avoiding probate, though any unfunded assets may still pass through a “pour-over” will. When you pass away, the trustee handles debts, taxes, and distributions to beneficiaries without needing court approval, making the process quicker and more private.
How are Creditor Claims Handled During the Florida Probate Process?
The personal representative must first ensure that all known or reasonably discoverable creditors are notified so they have the chance to file claims, typically within three months. Any disputed claims may require the creditor to pursue a separate lawsuit, and all claims must be treated fairly. Once all legitimate debts, taxes, and administrative expenses have been satisfied, the personal representative can distribute the remaining assets to the beneficiaries. The court will review a report from the personal representative to confirm that all claims have been properly addressed before allowing the estate to be closed.
What is the Process for Contesting a Will in Florida?
In Florida, only certain individuals can contest a will. A will can be contested for reasons such as lack of mental capacity, undue influence, fraud or forgery, or improper execution. Contesting a will requires filing a petition in probate court, notifying interested parties, and often engaging in discovery, mediation, or a trial.
Are There Specific Florida Tax Implications for the Estate or Beneficiaries?
In Florida, beneficiaries are generally not responsible for a state inheritance tax, as the state does not impose one, and inherited property is not treated as taxable income. However, federal estate taxes may apply to very large estates that exceed the federal exemption limit, and taxes can still arise from income generated by inherited assets or withdrawals from retirement accounts.
More Information Regarding Florida Probate
Many individuals have similar questions when navigating this process. Below are answers to some of the most frequently asked questions regarding Florida probate:
What is the average cost for a probate attorney in Florida?
The answer is–it depends. However, Florida Statute 733.6171 governs how attorneys for a personal representative (executor) in a probate case are paid. Under this law, attorneys are entitled to reasonable compensation from the estate’s assets without needing a court order, but the personal representative and attorney can agree on a different fee arrangement. The statute also sets out a “presumed reasonable” fee schedule based on the value of the estate, though these amounts can be negotiated.
What is the difference between an estate attorney and a probate lawyer?
An estate attorney and a probate lawyer both work with matters related to a person’s assets and property. However, their focus and timing are different. An estate attorney primarily helps people plan for the future. They will do things such as draft wills, create trusts, set up powers of attorney, and help people minimize taxes or protect their assets. Their goal is to make sure a person’s wishes are clearly outlined and that their estate can be managed efficiently after their death or incapacity.
A probate lawyer, on the other hand, steps in after someone has passed away. Their role is to guide the estate through the probate process. This includes validating the will, paying debts and taxes, and distributing assets to beneficiaries according to the will or, if there is no will, state law.
How long do probate cases take in Florida?
Probate usually takes between three months and a year to complete, but every case is unique. Certain factors, like disputes over the will or challenges from heirs, can make the process take much longer than usual. Even without complications, timelines can vary depending on the complexity of the estate and court schedules.
What is the 10-day rule for probate in Florida?
In Florida, anyone who has possession of a deceased person’s original will must file it with the probate court within ten days of learning of the death. Failing to meet this deadline can delay the probate process and may create legal challenges from beneficiaries or creditors. The rule helps ensure that the decedent’s estate is administered correctly and their wishes are carried out in a timely manner.
Who pays for probate in Florida?
Probate costs in Florida typically include attorney fees, court fees, and compensation for the personal representative, all of which are paid from the estate before assets are distributed to beneficiaries. In some cases, beneficiaries may need to cover costs upfront if the estate lacks sufficient liquid assets, though they can be reimbursed later. Additional expenses can arise from extraordinary services, such as will contests, complex tax matters, managing real estate or businesses, and handling out-of-state assets. The overall cost also depends on factors like estate complexity, disputes among beneficiaries, executor compensation, and local court fees.
What is the 57.105 rule in Florida?
Florida Statute 57.105 lets a court require a party, and sometimes their attorney, to pay the other side’s legal fees and costs if the court determines that a claim, defense, or legal position in a civil case was frivolous. A frivolous position is one that has no real basis in law or fact or is used mainly to delay the case. The statute also covers actions intended to needlessly prolong litigation. There are exceptions, such as when a legal position is raised in good faith to challenge or clarify existing law. Additionally, the statute includes a “safe harbor” period, giving the opposing party time to correct or withdraw the questionable claim before formal sanctions can be imposed.
Let a Skilled Probate Attorney Help You Resolve Your Legal Matters Today
In need of legal help and guidance regarding your probate matter? Contact our office today to get the help you need.