Probate and Trust Administration
Prather & Swank, P.A. is committed to helping clients overcome issues that arise when family members deal with closing out the estate of a deceased loved one.
Probate is the process in which a probate court assumes jurisdiction over a decedent’s probate assets. The probate process includes identifying the decedent’s debts, then handling those debts pursuant to the decedent’s will, if one exists, or pursuant to statute if there is no will. A probate attorney assists the personal representative with accounting for all probate assets, valuing the probate estate and paying off any debts before distributing what is left of the probate estate among the beneficiaries or heirs.
Trust administration is also part of our practice at Prather & Swank, P.A. We routinely work with trustees to help them fulfill the obligations and duties imposed on them by the trust itself and Florida law. The most common reason we see a client create a revocable living trust is to avoid the probate process at their death. If a trust is properly funded it can absolutely accomplish this goal. Even so, there are some documents that still must be filed with the court after the creator of a revocable living trust dies.