Clear Guidance During a Difficult Family Transition

The Dellutri Law Group, PA helps personal representatives, beneficiaries, and families navigate Florida probate with clear explanations and practical support. Our goal is to move the administration forward accurately while reducing avoidable conflict, delay, and uncertainty.

Probate is a court-supervised process for identifying and gathering a deceased person's probate assets, paying expenses and valid creditor claims, and distributing the remaining property under a valid will or Florida intestacy law.

A will does not automatically transfer every asset and does not usually avoid probate by itself. It tells the court and personal representative how probate property should be handled. Property that passes by trust ownership, survivorship rights, or beneficiary designation may be outside the probate estate, depending on the facts.

• The personal representative appointed by the court.
• The attorney for the personal representative.
• Beneficiaries named in the will.
• Heirs who may inherit under Florida law.
• Creditors and taxing authorities.
• The clerk, probate judge, accountants, appraisers, and other professionals when needed.
• Trustees or guardians when related issues overlap with the estate.

The personal representative has fiduciary responsibilities. Duties may include locating the will, securing property, identifying and valuing assets, opening an estate account, publishing and serving creditor notices, reviewing claims, addressing taxes, maintaining records, selling property when authorized, and making distributions after court requirements are satisfied.

This is not simply an honorary family role. Errors can create delay, objections, financial loss, or personal exposure. Legal guidance helps the representative understand what can be done independently, what requires court authority, and how to document decisions.

Florida probate may proceed through different forms of administration. Formal administration is the traditional process and is often used for larger, newer, or more complex estates. Summary administration may be available in certain estates based on value, time since death, and other statutory requirements.

The correct procedure depends on the assets, debts, date of death, family circumstances, and whether disputes exist. A simplified label does not always mean a simple case, particularly when real estate, creditors, homestead, or missing beneficiaries are involved.

• Open the estate and request appointment of the personal representative.
• Identify, secure, value, and account for probate assets.
• Provide required notices to beneficiaries and creditors.
• Review, pay, settle, or object to creditor claims as appropriate.
• Address taxes, expenses, real estate, and ongoing property management.
• Resolve disputes or obtain court instructions when necessary.
• Prepare an accounting and proposed distribution.
• Distribute remaining property and close the estate.

Florida probate uses specific notice and claim procedures. Creditors may need to file claims within statutory periods after publication or service of notice, while other claims may ultimately be barred by a separate outside deadline. The personal representative also has deadlines for reviewing and objecting to claims.

Because the rules vary depending on whether a creditor is known, reasonably ascertainable, served, or otherwise protected, creditor issues should be handled carefully. Paying the wrong claim too early can create problems for the estate and beneficiaries.

• Assets held in a properly funded trust.
• Jointly owned property with valid survivorship rights.
• Life insurance and retirement accounts with valid beneficiaries.
• Payable-on-death or transfer-on-death accounts when properly established.
• Other assets transferred by operation of law or contract.

Disputes may involve the validity of a will, undue influence, capacity, interpretation, removal of a personal representative, creditor claims, ownership of property, accountings, beneficiary rights, or alleged misuse of assets. Early legal review may help preserve evidence and clarify whether the matter can be resolved without prolonged litigation.

Not every disagreement requires a courtroom battle. Clear information, proper accounting, and structured communication can sometimes prevent suspicion from becoming litigation.

The Dellutri Law Group, PA understands that probate is both a legal process and a family transition. We provide compassionate guidance without losing sight of the deadlines, records, and court requirements that protect the estate.

Contact our Florida probate team to discuss the will, assets, family situation, and immediate responsibilities. We can help identify the appropriate administration and the next practical step.

The personal representative may need to locate financial accounts, real estate, personal property, business interests, and other estate assets. Our attorneys help identify what belongs to the probate estate, organize the required information, and protect property while the estate is being administered.

An estate may have outstanding bills, taxes, loans, or creditor claims that must be reviewed before assets can be distributed. We help the personal representative understand the notice requirements, evaluate claims, and address valid obligations in accordance with the probate process.

After estate expenses and valid debts have been addressed, the remaining assets may be distributed according to the will. When there is no valid will, Florida law determines who may inherit. Our team helps ensure that distributions are properly documented and completed.

Disagreements may arise over the validity of a will, the actions of a personal representative, beneficiary rights, asset ownership, or the interpretation of estate documents. Dellutri Law Group helps clients understand their options and works toward an efficient resolution while protecting their interests.