Probate and Trust Administration

When a family member passes away, it can be an emotional time. In addition, the emotion can be compounded by the stress and uncertainty of how to go about carrying out the wishes expressed in our loved one’s will or trust. At Edwards Elder Law, P.A., we are proud to offer the guidance you need in this time of uncertainty.

How Do I Know If I Need Probate or Trust Administration?

Whether or not a probate or a trust administration will be necessary is determined by if your loved one had a will or a trust.

• If he or she had a will, then a probate (which is supervised by the courts)
  will be needed.
• If he or she had a trust, then a trust administration (which is not supervised by the courts) will be needed.

Sometimes, your loved one may have had both a will and a trust. In that case, both a probate and a trust administration may be needed.

What You Need to Know About Florida Probate

Probate is the process by which the beneficiaries named in a will receive their inheritance. The transfer process has to go through probate. The Personal Representative, or Executor, named in the will is in charge of overseeing the probate process. Probate is also used if someone dies without a will, and the process is then needed to transfer the assets according to the default transfer plan the state of Florida has in place for everyone who dies without a will. This is called dying intestate.

If you have been named the Personal Representative, we can help you understand your many responsibilities and then guide you through the deadline sensitive probate process. You don’t have to face the unfamiliar probate process alone as you strive to fulfill your loved one’s wishes.

What You Need to Know About Trust Administration in Florida

Trust administration is the process by which the beneficiaries named in a trust receive their inheritance. The transfer process is not overseen by the courts, but it is overseen by the Successor Trustee named in the trust.

Becoming a Successor Trustee can be daunting. At Edwards Elder Law we understand that this can be a confusing time in your life. Turn to us for the support you need. We can help take the burden off of your shoulders.

For more information about how we can provide you with the information and assistance you are seeking, we encourage you to contact our office and request a complimentary meeting.