South Tampa Probate Lawyer

When dealing with the loss of a loved one, navigating Florida’s probate process can feel overwhelming during an already difficult time. As an experienced South Tampa probate lawyer, Messina Law Group, P.A. understands the complexities families face when administering estates in Hillsborough County. Our compassionate legal team, founded by brothers Anthony Messina and Paul Messina, Jr., provides comprehensive probate services to help families efficiently resolve estate matters while minimizing stress and complications.

Located in the heart of the Tampa Bay area, our firm has handled thousands of cases throughout Florida, giving us the experience and insight needed to guide you through even the most complex probate situations. Whether you’re dealing with a straightforward estate administration or facing contested probate litigation, we’re committed to making the legal process as smooth and manageable as possible for families in South Tampa and surrounding communities.

Understanding Florida’s Probate Process

Probate is the court-supervised legal process of administering a deceased person’s estate. When someone passes away, their assets must be inventoried, debts paid, and remaining property distributed to beneficiaries according to their will or Florida’s intestacy laws if no valid will exists. The process varies in complexity depending on the size of the estate, the clarity of estate planning documents, and whether disputes arise among family members or creditors.

Florida law requires most estates to go through probate, though certain assets like jointly held property, accounts with designated beneficiaries, and assets held in trust may pass outside the probate process. Understanding which assets require probate and which do not is essential for efficient estate administration. Our attorneys help families navigate these distinctions and develop strategies to minimize probate complexity whenever possible.

The probate process in Florida typically involves filing the will with the Hillsborough County Circuit Court, appointing a personal representative to manage the estate, notifying creditors and beneficiaries, inventorying assets, paying valid debts and taxes, and distributing remaining assets according to the will or state law. Each step involves specific legal requirements and deadlines that must be carefully followed to avoid complications or personal liability for the personal representative.

Types of Probate Administration in Florida

Florida recognizes several types of probate administration, each designed for different circumstances and estate sizes. Understanding these options helps families choose the most efficient path forward based on their specific situation and the value of the estate involved.

Formal administration is the standard probate process required for larger estates or when certain complications exist. This process involves court supervision throughout the administration, publication of notice to creditors, a claims period for creditors to come forward, and formal court approval of the personal representative’s actions. Formal administration typically takes six months to a year or longer to complete, depending on the complexity of the estate and any issues that arise.

Summary administration provides a simplified process for smaller estates valued at $75,000 or less, excluding exempt property, or when the decedent has been dead for more than two years. This expedited process requires less court involvement and can often be completed more quickly than formal administration, reducing costs and delays for beneficiaries while still ensuring proper legal compliance.

Disposition without administration may be available when the estate consists only of exempt property and non-exempt personal property that does not exceed the costs of final medical and funeral expenses. This streamlined approach allows families to handle small estates without formal court proceedings, saving both time and money.

Personal Representative Responsibilities and Fiduciary Duties

The personal representative, sometimes called an executor, bears significant responsibility for managing the probate process from beginning to end. Florida law imposes strict fiduciary duties on personal representatives, requiring them to act in the best interests of the estate and its beneficiaries at all times. These duties include locating and securing estate assets, maintaining accurate records, filing required tax returns, paying legitimate debts, and distributing assets according to the will or Florida law.

Personal representatives can face personal liability if they fail to fulfill their duties properly. Common mistakes include distributing assets before paying all creditors, failing to provide required notices to interested parties, mismanaging estate assets, or favoring certain beneficiaries over others. Having experienced legal counsel helps personal representatives avoid these pitfalls and fulfill their obligations correctly while protecting themselves from potential liability.

Our probate attorneys guide personal representatives through each step of the process, from the initial filing through final distribution. We help prepare required documents, meet court deadlines, communicate with beneficiaries and creditors, and resolve issues that arise during administration. This comprehensive support ensures that the estate is handled efficiently and in compliance with all applicable Florida laws and court requirements.

Probate Litigation and Estate Disputes

Unfortunately, not all probate matters proceed smoothly. Disputes can arise among family members, between beneficiaries and personal representatives, or involving creditors and other parties with claims against the estate. When conflicts cannot be resolved through negotiation, estate and trust litigation may become necessary to protect your rights and interests.

Will contests challenge the validity of a will based on grounds such as lack of testamentary capacity, undue influence, fraud, or improper execution. These cases require proving that the testator lacked the mental capacity to understand the nature and extent of their property and the effect of signing a will, or that someone improperly influenced the testator’s decisions. Will contests must typically be filed within specific time limits, making prompt legal consultation essential.

Disputes over estate administration arise when beneficiaries believe the personal representative is not fulfilling their duties properly. This may include allegations of self-dealing, failure to account for estate assets, unreasonable delays in administration, or improper distribution of assets. Beneficiaries may petition the court to compel accountings, remove personal representatives, or surcharge representatives for losses caused by their misconduct.

Elective share claims arise when a surviving spouse chooses to take a statutory share of the deceased spouse’s estate rather than the amount provided in the will. Florida’s elective share statute entitles surviving spouses to thirty percent of the elective estate, which includes certain assets that may have passed outside probate. These calculations can be complex and frequently lead to disputes requiring experienced legal representation.

South Tampa Probate FAQs

How long does the probate process take in Florida?

The timeline varies depending on the type of administration and complexity of the estate. Summary administration can often be completed in a few months, while formal administration typically takes six months to a year or longer. Complex estates or those involving litigation may take significantly longer to resolve.

What assets are subject to probate in Florida?

Assets titled solely in the decedent’s name are generally subject to probate. This includes real estate, bank accounts, investment accounts, and personal property. Assets with designated beneficiaries, jointly owned property, and trust assets typically pass outside of probate.

Do all estates have to go through probate?

Not all estates require probate. Very small estates may qualify for disposition without administration, and assets that pass by beneficiary designation or joint ownership avoid the probate process entirely. The specific circumstances of each estate determine whether probate is necessary.

How much does probate cost in Florida?

Probate costs include court filing fees, attorney fees, personal representative fees, and other administrative expenses. The total cost varies based on the estate’s complexity, whether disputes arise, and the type of administration required. Summary administration is generally less expensive than formal administration.

Can I handle probate without an attorney?

While Florida law does not require legal representation, probate involves complex legal requirements and potential personal liability for mistakes. Most personal representatives benefit from professional guidance to ensure compliance with court rules and protect themselves from liability.

What happens if someone contests a will?

Will contests can delay the probate process and require litigation to resolve. The court will examine evidence regarding the will’s validity, including the testator’s mental capacity and whether undue influence occurred. These cases require experienced legal representation to protect your interests.

How is property distributed if there is no will?

When someone dies without a valid will, Florida’s intestacy laws determine how property is distributed. These laws prioritize surviving spouses and children, followed by other relatives in a specific order established by statute.

Serving Throughout South Tampa

• Hyde Park
• Bayshore Beautiful
• Davis Islands
• Palma Ceia
• Beach Park
• Sunset Park
• MacDill Air Force Base
• Ballast Point
• Port Tampa
• Gandy

Contact a South Tampa Probate Attorney Today

Dealing with probate matters requires careful attention to legal requirements and deadlines that can significantly impact the outcome for beneficiaries and personal representatives alike. At Messina Law Group, P.A., our experienced team understands the challenges families face during these difficult times and is committed to providing compassionate, efficient legal counsel throughout the probate process. We serve clients throughout Hillsborough, Pasco, and Pinellas Counties with offices conveniently located throughout the Tampa Bay area. Whether you need assistance with routine estate administration or are facing complex probate litigation, our South Tampa probate attorney team has the knowledge and experience to guide you toward a successful resolution while protecting your rights and interests every step of the way.