Probate administration is the legal process of settling a deceased person’s estate and ensuring assets are distributed according to Florida law and the decedent’s wishes. While probate is often necessary, it can be complex, time-consuming, and emotionally challenging for families already coping with loss. At MC Law Group, we provide knowledgeable, compassionate guidance to personal representatives and families, helping them navigate probate administration efficiently while minimizing stress and delays.
Probate is a court-supervised process used to identify estate assets, pay debts and expenses, and distribute remaining property to beneficiaries or heirs. In Florida, probate is required when assets are titled solely in the decedent’s name and do not otherwise pass automatically through a trust, beneficiary designation, or joint ownership.
The probate process ensures that legal and financial matters are resolved properly, but it also involves strict procedural requirements and deadlines. Our attorneys help clients understand what to expect and guide them through each step with clarity and care.
Florida law recognizes different forms of probate depending on the size and complexity of the estate.
Formal administration is used for larger or more complex estates and involves ongoing court supervision. This process typically requires the appointment of a personal representative, notice to creditors, inventory of assets, and court approval for certain actions.
Our firm assists clients throughout formal administration, ensuring compliance with all legal requirements while working to move the estate forward efficiently.
Summary administration is a streamlined probate process available for qualifying estates. This option may be appropriate when the estate meets specific statutory criteria, such as value limitations or sufficient time having passed since death.
We help clients determine whether summary administration is available and handle the necessary filings to simplify the process whenever possible.
The personal representative is responsible for managing the estate during probate. This role carries significant fiduciary duties and legal obligations under Florida law.
Responsibilities may include:
MC Law Group provides ongoing guidance to personal representatives to help them fulfill these duties properly and avoid potential liability.
When a valid will exists, probate administration focuses on carrying out the decedent’s expressed wishes. When no will is present, Florida’s intestacy laws determine how assets are distributed.
In either situation, our attorneys provide clear guidance to ensure assets are distributed lawfully and efficiently while addressing any complications that may arise.
One critical aspect of probate administration is identifying and resolving creditor claims. Florida law establishes specific procedures and deadlines for creditors to assert claims against an estate.
We assist personal representatives in reviewing claims, addressing valid debts, and challenging improper or untimely claims to protect estate assets.
Probate proceedings can sometimes give rise to disputes, including will contests, beneficiary disagreements, or questions regarding the personal representative’s actions. Early legal guidance can help prevent misunderstandings and reduce the risk of litigation.
MC Law Group provides strategic counsel when disputes arise and works toward practical resolutions while protecting our clients’ interests and honoring the decedent’s intent.
Probate administration often overlaps with trust administration, particularly when a decedent had a revocable trust or assets passing through multiple legal mechanisms. Coordinating these processes is essential to ensure consistency and efficiency.
Our firm takes an integrated approach, ensuring probate administration aligns with trust administration and broader estate planning goals.
While probate is sometimes unavoidable, advance planning can reduce its scope or eliminate the need altogether. Trusts, beneficiary designations, and joint ownership arrangements are among the tools that may help streamline asset transfer.
We work with clients proactively to identify opportunities to simplify future estate administration and reduce the burden on loved ones.
Probate administration often occurs during one of life’s most challenging moments. MC Law Group approaches every probate matter with empathy, professionalism, and attention to detail.
Our goal is to provide steady guidance, minimize unnecessary delays, and help families move forward with confidence, knowing their loved one’s estate is being handled with care and respect.
Estate planning allows individuals to proactively organize their assets through Wills, Trusts or other entities, to protect loved ones, and ensure their wishes are carried out clearly and efficiently.
Probate administration is the legal process of settling an estate, ensuring assets are properly distributed and obligations are handled in accordance with Florida law.
Trust administration involves managing and distributing trust assets in accordance with the trust’s terms while fulfilling all legal and fiduciary obligations.
Special needs trusts are designed to preserve government benefits while providing long-term financial support for individuals with disabilities.
Alternative dispute resolution that is confidential and voluntary. McConnaughhay & Rudd offers mediation for complex probate estates, trusts, guardianships, and elder law issues requiring both dee
Medicaid and long-term care planning help individuals and families prepare for future care needs while protecting assets and maintaining financial stability.
Guardianship proceedings provide legal protection for individuals who are unable to manage their personal or financial affairs, while ensuring their rights and best interests are safeguarded.
Health care directives allow individuals to clearly document their medical wishes and designate trusted decision-makers to ensure their preferences are honored if they cannot speak for themselves.
Powers of attorney enable individuals to appoint trusted agents to manage financial and legal matters on behalf of the individual.
