Probate & Estate Administration
When a loved one passes away, their estate often requires a legal process before assets can be transferred to those who inherit them. This process is called probate. While while it can feel daunting during an already difficult time, an experienced attorney can make it straightforward and far less stressful than you might expect. At Rayboun Winegardner, we guide Tallahassee families through the probate process with care, clarity, and the personal attention that difficult times demand.
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What is Probate?
Probate is the court-supervised process of administering a deceased person's estate, paying any outstanding debts, and transferring title to assets to the rightful heirs or beneficiaries. In Florida, probate is required when a person dies owning assets titled solely in their name, such as real estate or a vehicle, with no designated beneficiary or joint owner.
Not every estate requires formal probate. Florida law provides two primary paths:
Summary Administration: Available for smaller estates or when the decedent has been deceased for more than two years. This is a simplified process that typically takes approximately four months to complete.
Formal Administration: Required for larger or more complex estates. This process involves the appointment of a personal representative to manage the estate under court supervision.
We will evaluate your situation at the outset and recommend the most efficient path forward.
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What to expect when you work with us:
We begin with an initial meeting to gather information about the decedent's assets, family, and circumstances. To make that meeting as productive as possible, we ask that you complete our Probate Intake Packet in advance. This allows us to have the first wave of documents prepared when we sit down together.
From there, we handle the court filings, creditor notices, asset transfers, and every step of the administration process, keeping you informed at each stage.
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Important steps to take now
If you have recently lost a loved one, there are several practical steps to take while the probate process gets underway:
Social Security If your loved one was receiving Social Security benefits, confirm that the funeral director has notified Social Security of the death. It is critical that payments stop promptly. Any benefit received for the month of death or later must be returned. You may also be eligible for a lump-sum death benefit or survivor benefits. For more information, see How Social Security Can Help When A Loved One Dies.
Veterans Benefits If your loved one was a veteran, funeral directors will often contact the VA on your behalf regarding burial benefits and options. Having discharge papers available helps document eligibility. Survivors may also be entitled to additional benefits. See the VA's Office of Survivors Assistance for more information.
Credit Cards Notify any credit card companies where the decedent held an account in their name alone. No charges should be made after the cardholder's death. If the account was solely in the decedent's name, you are not personally liable for the balance, but the estate may be.
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Assets
Real Property and other Assets Continue paying any mortgage, insurance, and property taxes on real estate owned by the decedent until the property is transferred or sold. Do not let coverage lapse.
Life Insurance Contact the insurance company for any policies your loved one held and ask about filing a claim. If the policy names a beneficiary, proceeds are paid directly to that person without probate. If the policy is payable to the estate, probate will likely be required.
Frequently asked questions
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We are here to help
Losing someone you love is hard enough. Let us handle the legal process so you can focus on your family. To get started, contact our office to schedule an appointment and request our Probate Intake Packet.