Services & Programs

Probate

Because probate is a court-supervised process in Florida, personal representatives are not permitted to represent themselves in the probate proceeding, unless they are also a licensed Florida attorney. For that reason, we are called upon often to represent personal representatives of estates in the probate proceedings.

If a person dies outside of Florida, and they have property inside of Florida, then an "ancillary" estate probate proceeding may need to be filed in Florida to distribute the property located there. Most often, our firm sees this issue in the timeshare or vacation ownership realm. The timeshare owner dies, and when the heirs try to use the unit-week, rent it to someone else, or try to transfer ownership of it to another person, they discover that the resort has not changed the owner's name on the records of the association. This makes the timeshare or vacation ownership interval worthless to the heirs. To legally transfer the title, a probate action may need to be opened in the county where the timeshare is located. We can assist clients in need of such services.

For further details on the probate process in Florida, The Florida Bar has published a pamphlet for your review.