Murphy & Brocato, Attorneys and Counselors at Law

Experienced. Persistent. Determined.

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Practices > Probate Administration

One of the most difficult human experiences is the loss of a loved one. Having to handle the estate matters while also dealing with the loss can be extremely difficult. Our legal team can greatly ease the burden by providing compassionate, competent and professional services to move the case through to conclusion with the probate court. You will receive individualized service with a goal to educate you about the legal requirements and provide legal guidance throughout the process. 

Probate is the legal process that involves distribution of a person’s assets after death. It is a complicate process that requires identifying all assets and debts in the probate estate, determining if a valid will exists, identifying heirs, filing appropriate court documents, notifying creditors, distributing assets, and paying debts. When a person dies with a valid will, the term “testate” is used for the estate while the term “intestacy” applied when a person dies without a will. There are statutes covering both types of estates, and consultation with an attorney soon after the loved one has died is a vital first step in conforming to the multitude of legal requirements. 

Our services include:

  • Gathering and analyzing estate documents (wills, insurance policies, codicils, trust documents, banking statements, investment account statements, and more)
  • Preparing the petition for administration
  • Filing a petition to name a personal representative
  • Advising the personal representative(s) on the appropriate actions to take while managing the estate
  • Notifying known and unknown creditors
  • Representing the estate in all adversary matters
  • Handling will disputes
  • Marshalling and valuing assets and debts of the estate
  • Distribution of the remaining estate assets according to the wishes of the decedent and Florida law