Probate Lawyer in Hollywood, FL

When someone dies, the people left behind are often dealing with more than grief. There may be a house to maintain, bank accounts that cannot be accessed, bills that still need to be paid, and questions about who has the legal authority to handle the estate.

Probate is the process used to settle many of those issues, but what that process involves depends on the assets involved, whether there is a valid will, and whether disagreements arise among the people with an interest in the estate. Some matters are relatively straightforward, while others become more complicated because of real estate, creditor claims, homestead issues, or disputes over how the estate should be handled.

Levin Litigation helps personal representatives, beneficiaries, and heirs with both the administration of probate estates and disputes that arise during the process. If you are trying to determine what needs to happen next after a loved one’s death, contact our Hollywood probate lawyers for a free consultation.

You can reach out to us by filling this form or calling us at (954) 678-5155.

How Our Hollywood Probate Lawyers Can Help

The right approach to probate depends on the estate in front of you. Some families are dealing with a straightforward will and a small number of assets, while others are facing real property, creditor claims, homestead issues, or disagreements over how the estate should be handled. At Levin Litigation, we tailor our involvement to what the estate actually requires.

Depending on your circumstances, we can:

• Review the estate and identify the legal issues that need attention. We look at the assets involved, the will if there is one, how property is titled, and any creditor, homestead, or family issues that could affect the probate process.
• Guide the estate through administration. We prepare the necessary court filings, advise the personal representative on their responsibilities, address creditor claims, and work through issues involving estate assets, distributions, and closing the estate.
• Handle real estate and homestead issues. When the estate includes a home or other Florida property, we can address questions about ownership, homestead status, transfer, and what must happen before the property can be sold or distributed.
• Protect the interests of beneficiaries and heirs. We advise beneficiaries and heirs about their rights, what information they are entitled to receive, and what options may be available if they have concerns about how the estate is being handled.
• Step in when a dispute develops. If questions arise over the validity of a will, the conduct of a personal representative, creditor claims, distributions, or other estate issues, we can handle the litigation without requiring the family to start over with new counsel.

What Is Probate in Florida?

Probate is the court-supervised process used to settle certain property and financial matters after someone dies. The person who died, known as the decedent, may leave behind assets that need to be gathered, debts and estate expenses that must be addressed, and property that ultimately needs to be distributed to beneficiaries or heirs.

Whether probate is necessary depends largely on how the decedent owned their assets. Property held solely in the decedent’s name, such as an individual bank account, investment account, vehicle, or real estate, will often need to go through probate. Some jointly owned property may as well. By contrast, assets such as accounts with a payable-on-death beneficiary, jointly owned property with rights of survivorship, life insurance or retirement accounts with a named beneficiary, and assets held in a trust can often pass outside probate.

Importantly, having a will does not determine whether probate is needed. Someone can leave a valid will and still need probate because they owned assets that require court administration. Someone who dies without a valid will may also need probate, but Florida law determines who inherits the probate property.

Once it is clear that probate is required, the next question is what type of administration the estate needs.

Probate Services We Provide in Hollywood

Levin Litigation handles probate matters ranging from full estate administration to more specific issues involving Florida real estate, out-of-state property owners, and estates where there is no valid will.

Formal Administration

Formal administration is Florida’s full probate process, and the one most people picture when they think of “going through probate.” It begins with the appointment of a personal representative and the issuance of Letters of Administration, which give that person legal authority to act for the estate. From there, administration continues through resolving creditor claims, managing estate assets, making distributions, and ultimately closing the estate with the court.

Summary Administration

Summary administration is a simplified alternative available for estates that meet specific qualifications, generally involving smaller or less complicated estates. It moves faster than formal administration because it skips the appointment of a personal representative in the traditional sense. Whether an estate actually qualifies depends on several factors specific to the assets and the decedent’s death, so it’s worth discussing with an experienced probate attorney before assuming this option applies.

Ancillary Administration

Ancillary administration applies when someone who lived outside Florida dies owning property here, such as a Hollywood condo used seasonally or a rental property held in their name. Florida courts need their own proceeding to transfer that in-state property, even if the primary estate is already being administered in another state. This keeps the Florida asset properly accounted for and legally transferable to the people entitled to it.

Florida Homestead Issues

Homestead property doesn’t function like an ordinary probate asset in Florida. Depending on who survives the decedent and how the property was titled, homestead status can affect who is entitled to the property and whether it needs to pass through the probate estate at all. In many cases, a court determination regarding homestead status is necessary before the property can be transferred or sold, which can add a step that families don’t anticipate going in.

Estates Without a Will

When someone dies without a valid will, their estate is administered under Florida’s intestate succession rules rather than according to personal wishes written down anywhere. The court doesn’t choose who inherits; state law does, based on the decedent’s surviving relatives. A personal representative still needs to be appointed, and the estate still needs to go through the appropriate form of administration whenever probate assets exist, even though there’s no will to probate.

The Florida Probate Process Step by Step

For estates that require formal administration, there are several steps that generally need to be completed before the estate can be closed. Some happen in a fairly predictable order, while others may overlap depending on the assets, creditor claims, tax issues, and other circumstances involved.

1. Open the estate and file the will. The process begins by filing the probate petition with the court and depositing the original will, if one exists. The petition asks the court to formally open the estate and appoint someone to administer it. Hollywood estates are handled by the Seventeenth Judicial Circuit at the Broward County Courthouse in Fort Lauderdale.
2. Appoint the personal representative. Once the court approves the appointment, it issues Letters of Administration. These give the personal representative legal authority to act on behalf of the estate, such as accessing accounts, managing property, and handling estate business.
3. Identify and gather estate assets. The personal representative determines what property belongs to the estate, takes control of those assets where necessary, and prepares the required inventory.
4. Notify creditors and interested parties. Required notices are sent, and notice to creditors is published so people or businesses that believe the estate owes them money have an opportunity to submit claims.
5. Resolve debts, expenses, and taxes. The personal representative reviews creditor claims, pays valid estate obligations, addresses administration expenses, and handles any tax matters that must be resolved before distribution.
6. Distribute the remaining estate. Once debts and expenses have been handled, the remaining property can be distributed according to the will or, if there is no valid will, Florida’s intestate laws.
7. Close the estate. Final accounting or other closing documents are completed, and the court discharges the personal representative once the administration is finished.

What Happens If Probate Becomes Contested?

Most estates move through probate without anyone filing a formal objection. When a dispute does arise, however, that issue may become a contested court proceeding within the probate case. The parties may need to file formal pleadings, exchange evidence, take discovery, attend hearings, and ask the judge to decide the issue if they cannot reach an agreement.

A dispute can also slow down parts of the estate administration. For example, assets or distributions tied to the contested issue may need to remain unresolved until the court determines who is entitled to them or whether the personal representative acted properly. Florida probate rules specifically provide that proposed distributions can be delayed when objections are filed.

Contested probate matters can involve:

• Challenges to a will based on undue influence, lack of capacity, fraud, or improper execution.
• Efforts to remove a personal representative accused of mismanaging the estate or failing to perform required duties.
• Breach of fiduciary duty claims involving self-dealing, missing assets, improper distributions, or other misconduct.
• Disputes over creditor claims against the estate.
• Disagreements among beneficiaries or heirs over distributions, property, or other aspects of the estate administration.

Not every dispute has to end in a trial. The parties may be able to resolve the issue through negotiation or another settlement process. When they cannot, the probate judge decides the contested matter and the estate proceeds in accordance with that ruling.

Our probate attorneys in Hollywood represent personal representatives who need to defend their administration of an estate, as well as beneficiaries and heirs who believe their interests are being affected by the will, the conduct of a personal representative, or another probate dispute.

Talk to a Probate Lawyer Serving Hollywood, FL

Probate doesn’t look the same for every family. The assets involved, whether there’s a will, how family members are getting along, and whether creditors or disputes complicate the estate all affect what actually needs to happen next. An estate with a single bank account and a cooperative family looks nothing like one involving a Hollywood rental property, an out-of-state decedent, or beneficiaries who can’t agree on what’s fair.

Levin Litigation can help determine the appropriate form of administration for your situation, guide the estate through the required court process, and step in if a dispute develops along the way. Whether you’ve just been named personal representative or you’re a beneficiary with questions about your rights, our Hollywood office is available to talk through what you’re facing.

Call us or fill out our online contact form to schedule a free consultation with an experienced probate lawyer in Hollywood.