What is Probate Administration, and What if there’s No Will?


Probate administration is the process whereby a will is admitted to probate (and thereby deemed to be the “last will”) by the probate judge, who supervises the administration. During the probate of the decedent’s estate, creditors are paid by the personal representative, who is appointed by the judge and is normally someone nominated as personal representative in a will.

If there is no will, a family member is given priority to serve as personal representative. The personal representative then marshals/gathers all assets belonging to the decedent known to exist, and after paying all creditors, federal and state taxes owed and administrative expenses, the estate assets, including cash, are distributed to the beneficiaries. This process is automatically scheduled for one year by Florida law for a non-taxable estate and two years in the event a Form 706 Federal Estate Tax Return is required. Many times the estate administration of a will can be effected from start to finish in much less time.

BaskinFleece handles all aspects of wills and probate administration. For more information click BaskinFleece, or call us at 727.572.4545.

BaskinFleece was named one of the Best Law Firms in US News & World Report’s 2015 rankings, receiving a tier two distinction for the Tampa metro area in the field of trusts2015 Best Law firm and estates litigation. Firms included in the list are recognized for “professional excellence with persistently impressive ratings from clients and peers.” Selection is based on lawyer and client evaluations, peer review from leading attorneys, and review of additional information provided by the law firm. To be eligible, firms must also have at least one lawyer listed in the 19th edition of The Best Lawyers in America.

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