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Probate and Trust Administration

Welcome to our Probate and Trust Administration page, where we guide you through the processes and answer common questions about these legal procedures. Understanding the differences between probate administration and trust administration is essential to effectively managing and protecting your loved ones' assets. Typical Florida probate and trust matters include:

Formal Administration
Summary Administration
Personal Representative Representation
Beneficiary Representation
Beneficiary Disputes
Heir Representation
Heir Disputes
Gathering and Managing Assets
Distributing and Retitling Assets to Beneficiaries and Heirs
Transfer of Real Property in Probate
Sale of Real Property in Probate
Probate Administration
Probate Litigation
Trust Litigation

What is Probate Administration?

Probate administration is the court-supervised process of managing and distributing a deceased person's estate. When someone passes away, their assets, debts, and liabilities must be settled according to their will or, if no will exists, Florida’s intestacy laws.

Key Steps in Probate Administration:

Filing a Petition – The process starts by filing a petition with the probate court to open the estate.
Appointment of a Personal Representative – The court appoints a personal representative (also known as an executor) to manage the estate.
Inventory of Assets – All assets, including real estate, bank accounts, and personal property, are identified and appraised.
Payment of Debts and Taxes – The personal representative ensures that debts, taxes, and any other financial obligations of the estate are settled.
Distribution of Assets – After debts are paid, the remaining assets are distributed to the beneficiaries as outlined in the will or according to state law.

Probate can be complex and time-consuming, but it ensures that the decedent’s wishes are carried out legally and that creditors are paid appropriately. In Florida, there are different types of probate proceedings (formal administration, summary administration, etc.), each with its own requirements.

What is Trust Administration?

Trust administration involves managing and distributing assets held within a trust, a legal arrangement where one party (the trustee) holds and manages assets on behalf of another (the beneficiary). Unlike probate, trust administration typically avoids court involvement, offering a more private and streamlined process.

Key Steps in Trust Administration:

Identification of Assets – The trustee gathers all assets that are part of the trust.
Valuation of Trust Assets – Assets are appraised to determine their current value.
Payment of Debts and Taxes – The trustee ensures any debts and taxes owed by the trust or the decedent are paid.
Distribution of Assets – Once debts are settled, the trustee distributes the remaining assets according to the terms of the trust.

Trust administration can occur during the grantor's lifetime (if it’s a living trust) or after their death. Trusts offer a more efficient and private way to transfer assets, as they bypass probate. However, trustees have a fiduciary duty to act in the best interests of the beneficiaries, and the process still requires attention to legal and financial details.

Why Professional Guidance is Important

Both probate and trust administration can involve legal, financial, and tax complexities. Without proper guidance, the personal representative or trustee may face liability issues, delays, or disputes from beneficiaries or creditors. By working with an experienced attorney, you can ensure that the estate or trust is administered properly, protecting both the assets and the people involved.

At our firm, we assist personal representatives and trustees with the entire probate or trust administration process, ensuring that legal obligations are met and the wishes of the decedent or trust creator are honored.

Schedule an appointment with our office to discuss your Florida probate or trust administration matter.

Testimonials

Margo J

I cannot express enough how grateful I am for the exceptional service provided by Michelle and her team at Shupe Legal in assisting with my mother’s will. As someone who is from out of country and needing to find an estate lawyer in a timely manner, I could not have been happier I chose Shupe Legal.
From our very first consultation, Michelle demonstrated a deep understanding of probate law and a genuine care for my mothers situation. We were only in the USA for a few days and she went above and beyond to help us with our needs. Everyone was wonderful to us. We went in the office as strangers and by the time we left I felt like I was leaving friends.
Thank you again, Michelle and the Shupe Legal team — you’ve made a potentially stressful situation much easier to handle, and I’m forever grateful!

Mary Kate Speed

Shupe Legal is a fantastic resource for anyone looking for estate planning or probate guidance in the Ft. Lauderdale area. Michelle is approachable, knowledgeable, and genuinely focused on helping families protect what their moat valuable assets. It’s clear she truly cares about her clients and their peace of mind. Highly recommend!

Doug Rohan (Rohan Law)

I have known Michelle for years and she truly cares about her clients. It is rare today to find a professional who is competent, but also understands. Too often by the time layers get enough experience to be good, they also harden their hearts over the day to day fighting and aggravations that they have to endure. Michelle and her team remain compassionate and committed to the cause of their clients.

Christine Matus

Shupe Legal brings a level of professionalism and clarity to Florida probate law that’s genuinely impressive. Their team is knowledgeable, efficient, and consistently client-focused. I’ve observed their work in the field and have great respect for their approach—always thorough, responsive, and grounded in real care for the families they serve. Probate matters can be complex and emotional, and Shupe Legal handles them with a steady, respectful hand. They’re a valuable asset to anyone navigating this process.

Azfar Abbas

Very professional probate and estate planning attorneys. I highly recommend them. They did my will and trust and I couldn’t be happier.

Luann Myers

Very professional and knowledgeable regarding my estate planning and trust preparation. I felt completely comfortable with their suggestions and assistance with the entire process.

Margaret Coviello

I spoke with Michelle today at shupe law firm and she was absolutely amazing. She answered all of my questions and gave me some options as far as referrals and the best way to move forward. She is very knowledgeable and experienced in her line of work. I will definitely give her a call for any estate planning needed in my upcoming future. I highly recommend her. Thank you, Michele!

Hope Spangler

Caring, compassionate and easy to work with lawyers you can trust with your estate planning & probate.

Michelle Bartolic

Michelle is compassionate and knowledgeable. She truly cares about her clients and protecting their legacy. Whether it's guidance through the planning phase or following the death of a loved one, Shupe Legal is the place to go.

Nicole Kinne

It was a pleasure to have Michelle Shupe-Abbas help my husband and I complete our Trust. She was very knowledgeable and helpful with all of our questions!