How can legal counsel assist with probate action in Port St. Lucie Florida?

FLORIDA –  January 7, 2021

When someone dies, matters of their estate will need to be handled and Florida probate attorneys assist individuals with the complexities of estate administration to include paying off debts, and dividing assets among beneficiaries named in a last will and testament.  They can also be instrumental when a person dies without preparing a will in advance.  There are statutory and procedural probate guidelines in Port St. Lucie Florida  that must be followed to complete the probate of a will.  Probate actions are usually initiated in the court system where the deceased individual resided prior to their death.  Individuals who have questions regarding Florida probate action should contact an experienced probate attorney.

Common procedure.

Common practices by probate attorneys include filing the original will, a petition to the court, a copy of the death certificate and other relevant documents in the proper court jurisdiction to begin the process and authenticate a will.  Granting probate is the first step in the administration of a person’s will, so a deceased’s wishes and division of assets can be accomplished.

Probate hurdles.

The efficient probate administration of a will may run into problems, or disagreements among beneficiaries and executors.  Will challenges have legal limitations to assure that a person’s estate plan will be protected. A probate lawyer can explain common objections to the proper administration of a last will can include lost documents, improper execution, altered testamentary capacity, forgery, and undue influence.


Within a will, or trust document, distribution of assets may be discussed and completed through per capita distribution,  per stirpes distribution, or by right of representation.

  • Per capita distribution: In per capita distribution, all members of a particular group receive an equal share of the distribution.
  • Per stirpes distributionuses a generational approach. If a named beneficiary precedes a person in death, then the benefits would pass on to that person’s children in equal parts.
  • By right of representation means that unless a decedent specifically chose a different method of distribution in their last will and testament, or trust document, a person’s assets will automatically be distributed according to the “by representation” method.

Legal counsel.

Seek legal counsel to address questions and concerns surrounding the validity of estate planning documents and beneficiary disputes in Florida.  Contact an experienced attorney at The Estate, Trust & Elder Law Firm, P.L. in Stuart Florida to assist with questions regarding hurdles to effective probate action.

The Estate, Trust, & Elder Law Firm, P.I.

850 NW Federal
Highway, #1004
Stuart, FL 34994
Phone: 772-261-8556
by Appointment Only





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