Publication date: 06.05.2025
Yulianna Bukovskaya, Esq. is the leading attorney for Buro Law Group, PLLC, with over 15 years of experience in the field. Ms. Bukovskaya’s professionalism and strong work ethic have attracted domestic and international clients seeking her expertise. Ms. Bukovskaya is admitted to practice in all Florida State Courts as well as the Federal District Court for the Southern District of Florida. Prior to establishing her private practice in Florida, Ms. Bukovskaya was associated with one of Florida’s largest and most distinguished firms, Duane Morris, LLP, where she received superior training in complex international and commercial litigation.
Navigating Florida Probate: A Case Study of Resolving a Complex Probate Case
At Buro Law Group, we strive to help clients navigate the intricacies of the Florida probate process with compassion and precision. A recent case involving the estate of Mr. Robert Smith (name changed for confidentiality) exemplifies our commitment to providing comprehensive probate services tailored to each client’s unique circumstances.
Understanding the Situation
Mr. Smith, a longtime Florida resident, died without a valid will, leaving behind a substantial estate that included real estate, investment accounts, and personal effects. His surviving family members were unsure of the steps necessary to administer his estate and turned to us for assistance in ensuring a legal and efficient distribution of assets.
Commencing Official Administration
Given the size and complexity of the estate, we determined that official administration was the appropriate probate process. This is standard procedure in Florida for estates valued at more than
$75,000 or where the decedent died less than two years ago.
We began by filing a petition for administration in the probate court in the county where Mr. Smith resided. The court appointed a personal representative (executor) to oversee the administration of the estate.
Estate Administration Responsibilities
Our team assisted the personal representative in carrying out his duties, which included:
- Inventory of Assets: Identifying and valuing all assets eligible for probate.
- Notice to Creditors: Publishing notice to creditors and reviewing valid claims against the estate.
- Debt and Tax Settlement: Ensuring payment of all outstanding debts and applicable taxes from the estate’s assets.
- Asset Distribution: Distributing the remaining assets to the legal heirs as determined by Florida’s intestacy laws.
Overcoming Challenges
During the process, we encountered a contested claim from a potential creditor. Our firm thoroughly investigated the merits of the claim and successfully negotiated a settlement that protected the interests of the estate while avoiding lengthy litigation.
Achieving Resolution
After completing all obligations, we prepared and filed the necessary documents to officially close the estate. The court issued an order of discharge, officially releasing the personal representative from his duties and completing the probate process.
Probate can be a difficult and emotionally draining experience. At Buro Law Group, we strive to provide clarity and support every step of the way. If you need help with your Florida probate matter, please contact us to schedule a consultation.
1. Key Stages of Florida Probate Proceedings
Appointment of an executor – the person responsible for distributing the estate.- Legal registration of the estate – valuation of assets and their transfer to the heirs.
- Repayment of debts – settlement of credit obligations before the distribution of the estate.
- Judicial approval of the estate – obtaining a decision on the transfer of assets.
- Distribution of property among the heirs – according to the will or state laws.
Florida law provides for careful control of inheritance cases to protect the rights of the heirs.
2. Review of a complex inheritance case: an example
One of the most complex cases involved significant real estate, credit obligations and litigation between heirs.
- The will was contested - the heirs did not agree with its provisions.
- There were outstanding debts - legal support was needed to resolve credit issues.
- Real estate needed to be divided - the court decided to sell part of the assets to compensate for financial obligations.
Legal support of the case allowed for effective conflict resolution and a fair distribution of the inheritance.
3. Alternative options for avoiding litigation
Living Trust - assets are transferred to heirs without legal proceedings.- Appointment of beneficiaries - assets automatically pass to the specified persons.
- Mediation - helps the parties reach an agreement without legal costs.
📌 Florida probate proceedings require detailed legal analysis and careful planning to avoid conflicts. If you need help with estate planning, I will help you find the best solution! 🚀
These mechanisms help prevent complex litigation and expedite the transfer of inheritance.
