Probate and Litigation
When someone close to you dies, you feel emotionally overwhelmed and even physically exhausted. Within a short period of time, you may be faced with a myriad of decisions that will create more questions than answers. Whether you are the personal representative of the decedent, a beneficiary, or both, please contact the Tribuiani Law Firm and have an experienced probate attorney guide you through the probate process one step at a time.
General Probate Terms
In Florida, we refer to the deceased person as the "decedent," we refer to their assets as the "estate," and we refer to the person who is designated to administer the decedent's estate as the "personal representative." Every personal representative in Florida must have an attorney to represent them in the probate process, and this is not optional. It is required by law.
What is Probate?
Probate is the court-supervised process wherein the decedent's personal representative: (1) identifies and gathers the decedent's assets and debts; (2) pays the decedent's debts, taxes and expenses of administration out of the decedent's assets; and (3) distributes the remainder of the decedent's assets to the beneficiaries. The Florida Probate 
Code is found in Chapters 731-735 of the Florida Statutes. The estate is distributed to the beneficiaries in accordance with the decedent's will, or in the absence of a will, in accordance with Florida statutes for intestate succession.
The probate process may take anywhere from several months to a year or more, depending upon the complexity of the legal issues presented and whether the probate is contested or uncontested.
If you would like the assistance of an experienced probate attorney to assist you in the administration of a probate estate, please contact the Tribuiani Law Firm at 561-676-4049, or by email to Robert@TribuianiLaw.com.
Ancillary Administration
For those who die in a state other than Florida and whose primary probate proceeding is taking place in that other state, the Florida law provides for "ancillary administration" for the non-resident's Florida assets to be probated in Florida.
Beneficiaries Have Rights
If you are a beneficiary of a decedent, you may have legal rights under the Florida Constitution, public policy and/or probate code, and you may be entitled to homestead property, an elective share, a family allowance, and/or exempt property. Whether you are the surviving spouse, a child or relative, or close friend, please contact the Tribuiani Law Firm and have an experienced probate attorney help you get your fair share of the decedent's estate.