Essential Guide to Probate Administration: Navigating the Process

Probate Administration Lawyer

Losing a loved one is one of life’s worst experiences. On top of the emotional toll, there’s often a long list of legal and financial tasks to handle. 

If your loved one left behind a Will, you might assume there isn’t much that needs to be done. That’s a wrong assumption. Even with a Will, their estate may still need to go through the frustrating probate administration. 

At Lappin Estate Planning, we take the stress out of the probate process. We guide you step by step, ensuring everything is done correctly and efficiently. Whether you’re an executor handling a loved one’s estate or a beneficiary with questions about your inheritance, we’re here to help.

Reach out to our office now to discuss how our law firm can help you. Call us at 561.778.8590 or submit a contact us form to schedule a consultation. 

What Is Probate Administration?

When a loved one passes, their legacy doesn’t settle itself. Bills still need to be paid, assets must be distributed, and legal paperwork stacks up fast. That’s what the probate process is for. It’s a court-supervised process that ensures everything is handled properly. 

Sounds simple? It’s often anything but. Missing deadlines dictated by probate law, disputes over inheritances, or misfiled documents can turn probate into a long, frustrating ordeal. Whether there’s a Will or not, the process can be daunting, especially during such a difficult time for your family. 

Key Roles in the Probate Process

Probate is a process that involves several key people, each with an important job. Think of it like a team effort, where everyone has a role to play in settling the estate. 

  • The Personal Representative (or Administrator) – This is the person in charge of handling the estate. If there’s a Will, they are named in it. If there’s no Will, the court appoints someone. What is their job? File paperwork, pay debts, distribute assets, and keep everything in order. 
  • Beneficiaries – These are the people (or organizations) inheriting assets. Some are patient, while others want to get what belongs to them fast. If disputes arise, probate can drag on longer than necessary. 
  • Creditors – If the deceased had debts (medical bills, loans, credit cards, or others), creditors get first priority. They must be notified and paid before anything is distributed to beneficiaries.
  • The probate court – The court oversees the entire process, making sure everything is handled legally and fairly. If there are disputes, they step in to resolve them. 

It’s a lot to manage, and mistakes at any stage of the probate process can slow everything down. That’s why having a trusted probate lawyer on your side can be beneficial as they provide you with the guidance you need and help keep things on track. 

Let Us Help

Your legacy is your story, your hard work, and your loved ones’ future. We make estate planning simple, personal, and built around what matters most to you. Our lawyer is here to help you create a clear plan that gives you confidence today and security for tomorrow. 

Steps in the Probate Process

Probate isn’t just one big legal process. Rather, it’s a series of steps and each one has its own rules and deadlines. Miss a step? The process can drag on for months or even years. Here’s what you can expect: 

  1. File a petition with the court: This officially opens probate. If there’s a Will, the court verifies it. If there’s no Will, the court appoints an administrator. 
  2. Notify beneficiaries and creditors: The executor (or administrator) must legally notify everyone involved. This includes heirs, banks, and anyone owed money. 
  3. Inventory the estate: Everything owned by the deceased (real estate, bank accounts, investments, and personal property) must be identified, valued, and reported to the court.
  4. Settle debts and taxes: Before anyone inherits anything, the estate must pay off outstanding debts, funeral costs, and any estate taxes owed. 
  5. Distribute assets: Once debts are cleared, the executor follows the Will (or state law, if there’s no Will) to distribute what’s left to the rightful heirs. 
  6. Close the estate: The final step. The executor submits a report to the court, everything is reviewed, and the estate is officially closed. 

It’s easy to feel overwhelmed or uncertain about what to do next if there’s no one guiding you through this process. At Lappin Estate Planning, we help executors and families navigate probate with confidence. 

How Long Does Probate Administration Take?

The short answer? It depends. Some estates wrap up in a few months, while others drag on for years. Several factors determine the timeline, including the complexity of the deceased person’s estate, whether there’s a valid Will, if any disputes arise, and whether the family hires a probate administration lawyer. 

A simple estate with no disputes, few assets, and a clear Will might take 6 to 12 months. But if creditors, missing beneficiaries, or family disagreements enter the picture, probate can stretch well beyond a year. Large or contested estates can even last multiple years in court.

Working with a Probate Lawyer and How to Pick One

So, what does a probate lawyer actually do? Think of them as your legal guide and problem-solver. 

They handle complicated court filings, ensure debts and estate taxes are paid correctly, and make sure the decedent’s assets get to the right people, among other things. If family members start butting heads over inheritance (not an uncommon scenario, unfortunately), they step in to prevent a full-blown war. 

But not all probate lawyers are created equal. Here’s what to look for when choosing the right one: 

  • Experienced: Some lawyers do a little bit of everything. You want one who lives and breathes estate planning law and administration and knows the probate process in and out. 
  • Good communicator: Legal jargon is confusing. A great lawyer is the one who can break things down in plain English so you’re never left guessing. 
  • Proactive and detail-oriented: Probate moves at its own pace, but a skilled lawyer knows how to push things along the right way. 
  • Solid reputation: Look at reviews, testimonials, and past case results. A probate lawyer with a track record of success can save you time, money, and stress. 

At Lappin Estate Planning, we strive to take the weight off our clients’ shoulders when handling probate administration matters. Whether you’re an executor, beneficiary, or just trying to make sense of the process, we are here to guide you every step of the way. ndchildren, avoiding estate taxes on their children’s generation. To prevent this, the IRS imposes the GSTT on certain transfers to younger heirs. 

Need Help? Contact Lappin Estate Planning

Probate can feel like too much to handle during this difficult period in your life. The process is full of legal hoops and unexpected challenges. And that’s probably the last thing you need when you are just trying to mourn your loss and heal your emotional wounds. 

At Lappin Estate Planning, we take the stress out of probate. We will guide you through each step and keep things moving so you and the rest of the family are not stuck in probate limbo for months (or worse, years). No confusing legal talk, no endless back-and-forth—just straightforward solutions and exceptional service. 

Frequently Asked Questions About Probate Administration

How long do you have to file probate after a death?

Florida state law requires a Will to be filed within 10 days of learning about the death pursuant to Fla. Stat. § 732.901. While there’s no strict deadline for probate, delaying can cause complications like unpaid debts and disputes. 

How does probate process work?

Probate is the court process of distributing the deceased’s assets and paying debts after someone dies. A Personal Representative (referred to as the Executor in some other states) is appointed to handle everything, from notifying creditors to distributing inheritances. Once all legal steps are completed, the estate is closed. 

How much does it cost to hire a probate administration attorney?

Probate attorney fees depend on whether the client wants top be billed at a statutory fixed-fee or hourly. A lawyer will generally be able to provide a rough estimate of the cost during an initial, no-obligation consultation. 

Can a probate attorney help avoid probate delays?

Yes. A probate lawyer ensures paperwork is filed correctly, deadlines are met, and disputes are resolved quickly. Mistakes and missing estate planning documents can cause major delays. 

How do I choose the right probate attorney?

Look for a lawyer who has experience and knowledge in probate law, communicates clearly, has strong reviews, and knows how to move cases efficiently. 

Do all estates have to go through probate court?

No. Some estates qualify for simplified probate or summary administration. Assets in trusts, joint accounts, or with designated beneficiaries can also bypass probate. 

How do I start the probate process?

File a petition with the probate court in the county where the deceased lived. A judge will appoint a Personal Representative, and from there, the estate is managed step by step. 

What documents are required for probate?

Common documents include a Will and death certificate, list of estate assets and debts, as well as bank statements, real estate deeds, and a published notice to creditors. 

What are the steps involved in probate?

Probate administration is a multi-step process when no disputes or complications arise and includes:

  1. File a petition to open probate
  2. Notify beneficiaries and creditors
  3. Inventory assets and handle debts/taxes
  4. Distribute assets to heirs
  5. Close the estate with court approval

There may be additional steps depending on the complexity of the estate. 

How long does probate take? 

Probate can take 6 to 12 months for simple estates, but disputes or complex cases can stretch beyond a year. A probate lawyer can help speed things up or, at the very least, prevent the probate proceedings from being delayed at any stage. 

Contact Us

Your future needs a plan—one that makes the most sense for your unique situation. At Lappin Estate Planning, we’re here to guide you through every step, from wills and trusts to asset protection and probate matters. Let’s build a strategy that fits your needs. Contact us today to start planning.

Location

370 Camino Gardens Blvd

Suite 106

Boca Raton, FL 33432

(We recommend entering via the blue awning on the left side of the building)

Phone Number

(561)-778-8590