PRACTICE AREAS
Probate & Trust Administration in West Palm Beach, Florida
Hire a Probate Attorney in West Palm Beach
Florida fiduciaries seek the assistance of the attorneys at Doane & Doane, P.A. to administer and manage their trusts and estates. A probate lawyer or trust administration attorney can help you understand your responsibilities before you begin transferring assets.
The founding partners of Doane & Doane, Randell C. Doane and Rebecca G. Doane, are board-certified in Wills, Trusts, and Estates by the Florida Bar. With the additional advantage of certified public accountancy in their backgrounds, they present a unique combination of skills and experience that enables them to effectively settle, administer, and manage clients’ trusts and estates.
When a person passes away, their estate must be settled or liquidated. In the process, assets may be sold or distributed. This process is referred to as estate administration. As the personal representative or estate executor, you are responsible for managing this process. Our probate lawyers are responsible for managing and explaining which assets require court administration.
West Palm Beach Probate Administration Lawyer
Overseeing an estate can be a time-consuming and complicated process. We help clients every step of the way. Our probate administrative services include:
- Proving in court that a deceased person’s will is valid
- Identifying and inventorying the deceased person’s property
- Property appraisal
- Supervising and arranging payment of the estate’s debts and taxes
- Distributing property as directed by a will or applicable law
- Transferring title and ownership of assets to the proper beneficiaries
A Florida probate administration attorney can assess the appropriate procedure for the estate. Your probate lawyer also helps you understand the steps required before final distributions.
West Palm Beach Trust Administration Lawyer
A trust is a legal arrangement that can be established during life or through a will. Usually, a trust holds and manages property for beneficiaries. The trust document explains how the property is to be managed and distributed. Trust administration shares responsibilities with estate administration, but the legal procedures differ.
As a trustee, you must identify, evaluate the worth of, and safeguard trust property. Additionally, you must manage the property and make disbursements in accordance with the governing documents and applicable law. You may be held liable and accountable for losses caused by a breach of your duties.
Our lawyers oversee the management of trust assets for the benefit of one or more beneficiaries. A trust administration attorney can explain the trustee’s obligations, including required notices and accountings.
Personal Representative Probate Guidance in West Palm Beach
The personal representative, sometimes called an executor or executrix, must follow Florida law to conclude the decedent’s affairs, including:
- Giving proper notices to the appropriate parties
- Collecting the decedent’s property
- Receiving claims against the estate
- Paying valid claims and disputing others
- Distributing estate property according to the will or state law
- Selling estate property to cover debts or allow for proper distribution, if necessary
Working with a probate attorney helps you address these duties in the proper order. Your probate lawyer can explain your authority to act. Our probate lawyers in West Palm Beach also help clarify questions about estate records.
Fiduciary Accounting
Fiduciary accounting involves documenting assets, income, expenses, and distributions and providing accountings to those entitled to receive them. Because such accountings are carefully scrutinized, precision and accuracy are essential. A trust administration lawyer can help trustees understand their accounting obligations.
Fiduciary Tax Compliance
Our lawyers help fiduciaries prepare and file tax returns for trusts and estates in compliance with federal and state law. Your probate attorney can help identify estate filing obligations, while a trust administration attorney can handle returns associated with trust administration.
Investment Research and Due Diligence
The attorneys at Doane & Doane research the financial and legal aspects of potential investments and provide thorough analytical guidance to fiduciaries of trusts and estates.
Residency and Domicile Issues
IRS change of address notice. To ensure our clients get their tax refunds and other IRS correspondence, Doane & Doane can file IRS Form 8822 for clients who move.
Homestead issues. A Florida homeowner’s principal residence may qualify for a property tax exemption. Separate homestead rules can restrict the property’s transfer at death to protect the owner’s family. Sometimes, these restrictions can have a detrimental effect on an estate plan. A Florida probate administration attorney can help evaluate how homestead rules affect administration and distribution.
Declaration of domicile. To establish Florida domicile, clients with alternate residences in New York or other states must make Florida their permanent home and abandon their prior domicile. A declaration may support that intent, but eligibility for a homestead tax exemption has additional requirements.
Probate and Trust Administration: How They Differ
A probate lawyer assists with court-supervised administration of probate assets. A trustee manages trust assets under the trust document and Florida law, generally without ongoing court supervision. Some estates require both processes because not every asset was transferred into the trust.
A trust administration attorney can coordinate with the estate’s representatives when responsibilities overlap. If you are comparing probate lawyers in West Palm Beach, ask how the firm handles estates involving both probate and trust assets. Coordinated guidance can help prevent missed obligations or conflicting instructions.
Documents to Gather Before Your First Consultation
Bring the will, trust documents and amendments, a death certificate, recent account statements, property deeds, and information about known debts. Include beneficiary contact details and any court papers you have received.
Your probate attorney can review ownership records to help distinguish estate assets from property passing through other arrangements. Our trust administration lawyer can review the trust’s instructions and your authority to act. You do not need every record before seeking help; identify what is missing so your probate lawyer can explain the next steps.
Avoiding Delays During Estate and Trust Administration
- Keep estate and trust funds separate from your personal money.
- Maintain records of receipts, expenses, and communications.
- Before promising an inheritance payment, ask your probate lawyer about outstanding claims and required approvals.
- A trust administration attorney can help evaluate proposed trust distributions. Respond promptly to document requests and inform your legal team of disputes or newly discovered assets. Clear records make it easier to answer questions and support decisions.
Why Clients Choose Doane & Doane Services
Mistakes or oversights in probate and trust administration can lead to disputes and litigation involving beneficiaries, fiduciaries, or government agencies. Doane & Doane provides experienced legal guidance in both areas to help clients address their responsibilities and resolve issues.
When choosing probate lawyers in West Palm Beach for family consultations, consider their experience with both legal and financial obligations.
Speak with a Florida probate administration attorney at Doane & Doane, P.A. Contact us to schedule a consultation.
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Frequently Asked Questions
Does having a will avoid probate in Florida?
No. A will directs the distribution of probate assets but does not avoid probate. A probate attorney can review asset ownership and beneficiary designations to determine whether court administration is needed.
Does every estate need formal probate administration?
No. Some estates qualify for summary administration or another limited procedure. Your probate lawyer can assess eligibility based on the assets, debts, time since death, and applicable Florida requirements.
Is probate still necessary when someone leaves a trust?
Possibly. Assets properly held in a trust generally avoid probate, but assets outside it may require administration. A trust does not automatically control everything the deceased person owned.
How long does probate or trust administration take?
Timing depends on assets, creditor claims, taxes, disputes, and required procedures. Some matters take months; complex cases take longer. A probate attorney can explain likely stages after reviewing the estate.
Can a personal representative or trustee distribute assets immediately?
Do not assume immediate distribution is appropriate. First address applicable notices, expenses, claims, taxes, and governing instructions. Premature payments can create liability or leave insufficient funds to meet remaining obligations.
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