Hillsborough County Probate Lawyer
When a loved one passes away, navigating the legal complexities of probate can feel overwhelming during an already difficult time. At Messina Law Group, P.A., our experienced Hillsborough County probate lawyer team understands the sensitive nature of these matters and is committed to guiding families through the probate process with compassion and expertise. Founded by brothers Anthony Messina and Paul Messina, Jr., our full-service Florida law firm has handled thousands of cases throughout the state and provides the trusted counsel families need during these challenging circumstances.
Our Tampa Bay area law firm serves clients throughout Hillsborough County and the surrounding communities, offering comprehensive probate and estate administration services. We recognize that every situation is unique, and our goal is to make the legal process as smooth and straightforward as possible for our clients. With offices conveniently located throughout the Tampa Bay area, we are nearby to provide the personalized attention and experienced representation your family deserves.
Understanding Probate Administration in Hillsborough County
Probate is the court-supervised legal process of administering a deceased person’s estate in Hillsborough County. When someone passes away, their assets must be inventoried, debts must be paid, and remaining property must be distributed to beneficiaries according to their will or Florida’s intestacy laws if no valid will exists. The process can range from straightforward to complex depending on several factors, including 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 proceedings at the Hillsborough County Courthouse, located at 800 E Twiggs Street in downtown Tampa. However, 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 and can significantly impact the timeline and cost of the proceedings.
The probate process in Hillsborough County typically involves several key steps that must be completed in accordance with Florida law. These include filing the will with the circuit court, appointing a personal representative to manage the estate, notifying creditors and beneficiaries, inventorying all estate assets, paying valid debts and taxes, and distributing remaining assets according to the will or state law. Each step involves specific legal requirements and strict deadlines that must be carefully followed to avoid complications or personal liability for the personal representative.
Types of Probate Proceedings Available in Florida
Florida law recognizes several types of probate administration, each designed for different circumstances and estate sizes. Our probate attorneys help families understand these options and choose the most efficient path forward based on their specific situation.
Formal administration represents the standard probate process required for larger estates or when certain complications exist. This comprehensive process involves court supervision throughout the administration, publication of notice to creditors in local newspapers such as the Tampa Bay Times, 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 who may be eager to resolve estate matters.
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 very small estates without the need for 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 entire probate process in Hillsborough County. 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 comprehensive duties include locating and securing all estate assets, maintaining accurate and detailed records, filing required tax returns with both state and federal authorities, paying legitimate debts and claims, and distributing assets according to the will or Florida law.
Personal representatives can face serious personal liability if they fail to fulfill their duties properly or make critical mistakes during the administration process. Common errors that can lead to liability include distributing assets before paying all creditors, failing to provide required legal notices to interested parties, mismanaging estate assets or investments, or showing favoritism to certain beneficiaries over others. Having experienced legal counsel helps personal representatives avoid these costly pitfalls and fulfill their legal obligations correctly.
Our estate administration attorneys guide personal representatives through each step of the probate process, from the initial filing at the Hillsborough County Courthouse through the final distribution of assets to beneficiaries. We help prepare all required court documents, ensure compliance with strict deadlines, facilitate communication with beneficiaries and creditors, and resolve any issues that arise during the administration period.
Estate Disputes and Probate Litigation Services
Unfortunately, not all probate matters proceed smoothly, and 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 or mediation, estate and trust litigation may become necessary to protect your rights and interests.
Will contests challenge the validity of a will based on specific legal grounds such as lack of testamentary capacity, undue influence, fraud, or improper execution according to Florida law requirements. These complex 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 through coercion or manipulation.
Disputes over estate administration arise when beneficiaries believe the personal representative is not fulfilling their fiduciary duties properly. Common allegations include self-dealing, failure to provide proper accountings of estate assets, unreasonable delays in administration, or improper distribution of assets. Beneficiaries may petition the Hillsborough County court to compel detailed accountings, remove personal representatives, or seek monetary damages for losses caused by the representative’s misconduct.
Trust litigation involves disputes over the creation, administration, or interpretation of trust documents. These cases may challenge the validity of a trust instrument, seek removal of a trustee for breach of fiduciary duty, or request court interpretation of ambiguous trust provisions that affect beneficiary rights.
Hillsborough County Probate FAQs
How long does probate take in Hillsborough County?
The duration of probate in Hillsborough County 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 if disputes arise or the estate is particularly complex.
What are the costs associated with probate in Florida?
Probate costs in Florida include court filing fees, attorney fees, personal representative fees, publication costs for creditor notices, and other administrative expenses. Attorney fees are often based on a percentage of the estate value as set forth in Florida statutes, though alternative fee arrangements may be negotiated.
Can probate be avoided in Florida?
While not all assets require probate, Florida law mandates probate for most individually owned assets. Proper estate planning using tools like revocable trusts, joint ownership with rights of survivorship, and beneficiary designations can help minimize or avoid probate for many assets.
What happens if someone dies without a will in Hillsborough County?
When someone dies without a valid will, Florida’s intestacy laws determine how assets are distributed. The surviving spouse and children typically receive priority, but the specific distribution depends on the family situation and may not align with the deceased person’s wishes.
Do all estates require formal probate administration?
Not all estates require formal probate administration. Small estates may qualify for summary administration or disposition without administration, depending on the value of assets and other specific circumstances outlined in Florida law.
What assets are exempt from probate in Florida?
Assets that typically avoid probate include jointly owned property with rights of survivorship, accounts with designated beneficiaries, life insurance proceeds with named beneficiaries, and assets held in revocable or irrevocable trusts.
Can a personal representative be removed during probate?
Yes, a personal representative can be removed by the court for various reasons including breach of fiduciary duty, inability to perform required duties, conflicts of interest, or other circumstances that make their continued service inappropriate or harmful to the estate.
Serving Throughout Hillsborough County
Our probate law practice serves clients throughout Hillsborough County, including:
- Tampa
- Wesley Chapel
- Brandon
- Valrico
- Riverview
- Town ‘n’ Country
- Temple Terrace
- Plant City
- Carrollwood
- Westchase
Contact a Hillsborough County Probate Attorney Today
When you need experienced legal representation for probate matters, the team at Messina Law Group, P.A. is here to help. Our probate attorneys have handled thousands of cases throughout Florida and understand the complexities of estate administration in Hillsborough County. We are committed to making the legal process as smooth as possible while protecting your interests and those of your family. Contact our office today to schedule a consultation and learn how our experienced Hillsborough County probate attorney team can assist with your estate administration needs.
