The Law Offices of Barbara Buxton, P.A. Serving South Florida 305-932-2293
Broward, Miami-Dade, Palm Beach Cnty.

Florida Probate and Estate Administration Lawyer

Florida Probate Administration - Estate and Trust Administration - Summary Probate - Ancillary Probate - Inheritance Law - Related Litigation

Miami, North Miami Beach, Aventura, Florida, Probate Attorney - Fort Lauderdale, Tamarac, Pembroke Pines, Hollywood, Florida, Probate Lawyer

“Florida probate administration procedures can be very confusing and complicated, and oftentimes family members do not know what to expect. My staff and I will guide you through the Florida probate process from start to finish, and will compassionately address any concerns or questions in a timely manner. We help collect assets, handle creditors and give notice to creditors, and distribute the decedent's assets. I can also help you understand your rights as an heir or beneficiary. My law firm can probate an estate in Broward, Miami-Dade, Palm Beach or any Florida County. We look forward to speaking with you about your probate, estate or inheritance matter."

Barbara Buxton, J.D., LL.M., Florida Probate Lawyer & Estate Planning Attorney

Contact a skilled Florida probate and estate lawyer at our Aventura office, located just minutes from North Miami Beach, Pembroke Pines, and Hollywood, Florida, to schedule a telephone or office appointment to discuss your probate matter. Please ask about our other office locations in Broward County and Palm Beach County, Florida. We also represent clients throughout Florida, including Punta Gorda, Daytona Beach, Orlando and Naples, Florida.

Experienced Florida Probate Administration Law Firm

At the Law Offices of Barbara Buxton, P.A., we take pride in our strong and active practice in the areas of Florida probate and trust administration, and estates. With an advanced Master of Laws in Estate Planning degree (LL.M.), Barbara Buxton understands the intricacies of Florida probate law and is involved in all aspects of estate, probate and trust administration. Ms. Buxton and her staff are dedicated to representing clients as their Miami Dade probate attorney, Broward County probate attorney and Palm Beach County probate attorney with personal attention and the utmost professionalism and compassion.

Our concern for the wishes of decedents and trust grantors, together with our sensitivity to the needs of heirs and beneficiaries, is the cornerstone of our probate practice. We regularly handle Florida Probate cases throughout Florida and work with out-of-state personal representatives, beneficiaries and relatives to settle Florida estates.

We can assist you with the following:

  • Florida Formal probate administration
  • Florida Summary probate administration
  • Florida Ancillary probate administration
  • Asset distribution
  • Beneficiary rights under a will or trust
  • Complex postmortem estate planning
  • Florida Estate administration and litigation
  • Preparation of the federal and state estate tax returns
  • Florida Trust Administration and litigation
  • Representation of Personal Representatives
  • Representation of heirs and creditors
  • Preparation and audits of estate and gift tax returns
  • Post-mortem tax planning
  • Representing trustees in the administration of revocable and irrevocable trusts

What is Probate?

Probate is a court supervised process of distributing property as directed in a will or in accordance with the law if no will exists. Since there is court supervision of the entire process, the heirs/beneficiaries can be assured of a full and fair valuation and distribution of the estate. Probate is necessary whenever a deceased person leaves titled assets in their name alone, such as a South Florida home or condo.

The Florida Probate Administration Process

The executor of a Last Will and Testament, also called the personal representative, is responsible for the administration of the decedent’s probate estate. That process includes collecting the decedent’s assets, paying any debts or taxes owed, filing the decedent’s final tax returns and inventory, distributing the remaining assets in accordance with the provisions of the will, and notifying companies that need to know about the death.

If the decedent created a Trust then the trustee is responsible for implementing the terms of the trust and filing a Notice of Trust with the court.

In Florida, the types of Probate procedures are:

1. Formal Administration: Required for estates involving more than $75,000.00. It is a court supervised proceeding where a will is admitted, a personal representative is appointed, Notice of Administration is sent to interested persons (survivingspouse, beneficiaries, etc.) and a Notice to Creditors is published to identify unknown creditors and sent to all known creditors. After the expiration of ninety days, creditors who fail to file a Statement of Claim loose their right to collect on the decedent’s debt. Assets are collected, debts and taxes are paid and after the distribution of Estate assets is made the Estate is closed and the personal representative is relieved of all duties and liabilities to the Estate.

2. Summary Administration: Can be utilized if the value of the estate is $75,000.00 or if the decedent is dead for more than two years. The persons who receive the estate assets remain liable to creditors of the decedent for two years after date of death unless a Notice to Creditors is published.

All of a decedent’s assets together make up the decedent’s estate. For estate tax reporting purposes the IRS defines estate as the total collection of a decedent’s assets whether or not they pass through probate. After an estate’s assets have been valued, if the decedent’s gross estate exceeds the federal estate tax credit exemption amount, (for 2004-$1,500,000.00), then a Form 706 (Estate Tax Return) must be filed with the IRS and a copy forwarded to the Florida Department of Revenue.

If a death occurs, the firm will assist the personal representative, family and beneficiaries with compassion and sensitivity. The firm is involved in all aspects of estate and trust administration. We represent individual clients and corporate fiduciaries in the probate process which typically includes admitting the will, qualifying the fiduciaries, tax planning (including post-mortem planning) and preparing inventories and accountings, collecting assets, notifying creditors and paying debts. We will also make sure that the appropriate tax returns are filed, that taxes are promptly paid and finally, that the balance of the estate assets are distributed to all beneficiaries with care and understanding.

Florida Estate Settlement

Even if an estate does not require a probate administration, all estates must be settled. There are still documents to be filed, debts and taxes to be paid and assets to be distributed. Estate Administration is the process by which a decedent's total estate, which includes both probate and non-probate assets, is settled. Probate assets are properties that were owned by the decedent that were not owned "jointly" with survivorship rights by another. Non-probate assets are property held in a revocable trust, joint assets, life insurance policies, retirement accounts, annuities, homestead property, automobiles, boats, etc. Some assets do not go through probate but are considered part of the estate for federal estate tax purposes, therefore if an estate is taxable, a Form 706 must be filed.

Real estate, on the other hand, almost always requires some sort of probate or other legal steps to be taken after the owner dies. This is because title to real estate is based upon a "chain of title" in the county records, and title insurers want to be sure exactly who inherited the property without requiring an order of probate court.

Florida Probate Law

Florida law requires that virtually all estates have a Florida probate attorney or Florida probate law firm assist with the estate administration. As a Florida probate attorney with an Estate Planning Master of Laws (LL.M.) degree, Attorney Barbara Buxton is here to help you with all probate and estate matters to settle an estate. Please contact our law office and let us know how we can help you if you need a probate attorney to handle Miami-Dade probate, Palm Beach, or Broward County, Florida probate.

Contact an Aventura, North Miami Beach, Miami, Florida Probate Attorney - Broward County, Florida, Hollywood, Fort Lauderdale, Tamarac, Pembroke Pines, FL Probate Lawyer

Please contact us to learn about how we can help you with your Florida probate, inheritance or estate matter. If you need an attorney for Inheritance or Miami probate or a probate attorney in Aventura, North Miami Beach, Golden Beach, Miami Springs, Hialeah, Miami Beach, Sunny Isles, Miami Shores or any city in Dade County, please call 305-932-2293. If you need a lawyer in Palm Beach or Broward County, Hollywood, Coconut Creek, Pembroke Pines, Plantation, Fort Lauderdale, Pompano Beach, Coral Springs, Tamarac, Lauderdale Lakes, Margate, Deerfield Beach for probate or Inheritance help, please call 954-760-7077. We look forward to serving your legal needs.

Florida residents outside of South Florida, and Out-of-state residents, please email and we will promptly contact you. Telephone, weekend and evening appointments are available.

Please ask about our other office locations in Broward County and Palm Beach County. Our main office is conveniently located in Aventura, Florida, between Miami in Dade County and Fort Lauderdale in Broward County. The office is located in the Aventura Corporate Center on Biscayne Boulevard across the street from Aventura Hospital. It is between the Hallandale Beach Boulevard exit and the Ives Dairy Road exit off of I-95. This location is just minutes from Hollywood, Hallandale Beach, Pembroke Pines, Miramar, Dania and Fort Lauderdale going south from Broward County. It is just minutes from North Miami Beach, North Miami, Sunny Isles, Bal Harbour, Golden Beach, Miami Shores, Miami Springs, Hialeah and Miami Lakes in Miami-Dade County, Florida.

Florida Probate Representation in Miami-Dade, Broward and Palm Beach County

Miami-Dade County: For Miami Probate help or a wills and probate attorney in Aventura, Miami, North Miami, Miami Springs, Miami Lakes, Miami Beach or North Miami Beach probate attorney, please call 305-932-2293 for legal assistance. From within the South Florida Tri-county area our Florida Probate law firm represents clients from Miami-Dade, Broward and Palm Beach Counties. We can assist you if you need a Florida probate lawyer in Aventura, Miami, North Miami Beach, Hialeah, Miami Beach, Miami Shores, Miami Springs, North Miami, Bal Harbour, Coconut Grove, Coral Gables, Golden Beach, Sunny Isles and Surfside, Florida.

Broward County: For Broward County Probate and estate matters, a probate attorney in Hollywood, Miramar, Pembroke Pines probate lawyer, Coconut Creek, Hallandale, Lauderhill, Pompano Beach, Tamarac, Fort Lauderdale probate attorney, please call 954-760-7077 in Broward County, Florida. Our law firm can assist you if you need a Florida probate lawyer in Hollywood, Coconut Creek, Fort Lauderdale, Pembroke Pines, Ft Lauderdale, Pompano Beach, Sunrise, Tamarac, Cooper City, Coral Springs, Davie, Deerfield Beach, Hallandale Beach, Lauderdale Lakes, Lighthouse Point, Miramar, Oakland Park, Plantation, Weston and Wilton Manors, Florida.

Palm Beach County: If you or a family member needs an attorney for a Boca Raton probate or Palm Beach County probate help, please call 954-760-7077 or email and we will promptly contact you. We can assist you if you need a probate lawyer in Boca Raton, Boynton Beach, Delray Beach, Jupiter, Lake Worth, Lantana, Palm Beach, Palm Beach Gardens, Royal Palm Beach and West Palm Beach, Florida.

South Florida Probate Court Links

The following are helpful links to some Florida Probate Court Websites to provide you with information about probate court.

Link to Broward County Probate Court

954-760-7077 Law Office: Broward Probate Attorney, including probate attorney in Hollywood, Pembroke Pines, Coconut Creek, Tamarac, Miramar, Coral Springs, Margate, Sunrise, Plantation and Fort Lauderdale Probate Lawyer. Florida Wills, Probate and Inheritance lawyer provides probate help in all Broward County cities. Pompano Beach Probate and Wills attorney located in Pompano Beach, FL, Florida.

Link to Miami Dade County Probate Court

305-932-2293 Law Office: Probate attorney in Miami, North Miami, Miami Springs, Miami Shores, Miami Beach, Golden Beach, Sunny Isles Beach, North Miami Beach probate lawyer; Miami Dade County Probate help. Aventura Wills and Probate Attorney located in the Aventura Corporate Center in Aventura, FL Florida.

Link to Palm Beach County Probate Court

954-760-7077 Law Office: Florida Probate Attorney and Palm Beach and Boca Raton Probate Attorney.

Link to Saint Lucie County Probate Court; Florida Probate Lawyer, Private practice probate attorney providing help for Saint Lucie County Probate matters.

Link to Collier County Probate Court

Link to Monroe County Probate Court

Link to Martin County Probate Court

Barbara Buxton, P.A. assists clients with Florida probate administration. If a family member or friend passed away owning assets or Florida property, such as a home or condominium, in his/her name alone, then a Florida probate must be initiated. Real estate has to go through probate in order to clear title so that the beneficiaries or heirs can inherit the property.

For a Broward County Trusts and Estates Attorney or Florida Probate Lawyer serving Hollywood, Fort Lauderdale, Pembroke Pines, Pompano Beach, Miramar, Lauderhill, Sunrise, Ft. Lauderdale, Weston, Plantation, probate lawyer Pembroke Pines, probate attorney Hollywood, Hallandale, Coconut Creek probate attorney, probate attorney in Tamarac or Coral Springs, Florida, please call 954-760-7077. We look forward to serving your legal needs.

For a Florida Attorney for Miami Probate, Florida Wills and Trusts, Florida Probate and Estate Planning Attorney in Aventura, North Miami Beach, Miami 305-932-2293; Lawyer for Miami Probate, probate attorney Aventura, probate attorney in Miami, North Miami Beach, Sunny Isles Beach Probate lawyer.

Miami-Dade County Property Appraiser, Joel Robbins

Miami-Dade County Property Appraiser, 111 NW 1st Street, Suite 710, Miami, FL 33128-1984 Telephone: 305-375-4008

Probate help with Miami Dade Real Estate and Miami-Dade County Probate, Wills and Trusts, Estates Attorney, call 305-932-229

Aventura Corporate Center
20801 Biscayne Boulevard
Suite 400
Miami, FL 33180

305-932-2293 Miami-Dade County
954-760-7077 Broward County