When a loved one passes away, their estate must be handled with care, professionalism, and a deep understanding of Florida probate law. At Burzynski Elder Law, we provide experienced legal guidance for individuals and families facing the complexities of probate and estate administration in Naples and throughout Southwest Florida.
Probate is the legal process through which a deceased person’s assets are transferred to their beneficiaries. It involves validating the will (if one exists), identifying and gathering the decedent’s assets, paying outstanding debts and taxes, and distributing the remaining assets to heirs or beneficiaries in accordance with Florida law.
After the death of a loved one, the nature of their assets determines what kind of legal process is necessary. Not all assets are subject to probate. Here’s how different assets are typically treated:
Probate in Florida must follow specific rules outlined in state law. The person responsible for managing the estate—whether a personal representative (executor) or trustee—is considered a fiduciary and has several important duties:
The fiduciary may also be required to file reports with the court and account to beneficiaries. Failing to comply with legal duties can lead to personal liability, which is why retaining an experienced Naples probate attorney is crucial.
In most cases, estate taxes are not an issue. As of 2025, federal estate taxes are only assessed on estates exceeding $13.61 million (adjusted annually for inflation). However, it is still important to evaluate the estate carefully for tax implications, particularly in high-net-worth situations or if the decedent owned property in multiple states.
The length of the probate process in Florida depends on the complexity of the estate and whether the probate is formal or summary. Here’s a general breakdown:
Some factors that can lengthen the process include unresolved debts, hard-to-value assets, multiple beneficiaries, out-of-state property, or a contested will. Our firm ensures all steps are taken in a timely and compliant manner to reduce delays and complications.
Even in peaceful families, the probate process can come with hurdles. Here are some of the most common issues we see in Naples-area estates:
If a will is unclear, outdated, or believed to be the product of undue influence or lack of capacity, beneficiaries or family members may contest it. This can lead to significant delays and legal costs. Having an attorney to defend or challenge the will in court is essential.
Sometimes, the decedent’s full financial picture isn’t immediately clear. Bank accounts, real estate, or insurance policies may not be easily traceable without professional help or asset searches.
Blended families, estranged relatives, or second marriages often lead to disagreements over who is entitled to what. A probate attorney serves as a neutral, legal guide to ensure the decedent’s wishes—and Florida law—are followed.
The estate may be responsible for debts, including medical bills, credit cards, and final expenses. Creditors have specific deadlines to file claims, and the personal representative must handle them properly. Improper payment or denial of claims can result in lawsuits.
Personal representatives who attempt to administer the estate without legal counsel may inadvertently violate their fiduciary duties—resulting in personal liability, penalties, or even removal by the court. Common errors include early distribution of assets, failure to publish notice to creditors, or commingling of estate funds.
To ensure a productive meeting, please bring the following documents to your appointment:
We will review the documents to determine how the assets are titled and whether probate or trust administration is required. Accurate and up-to-date account statements help us evaluate the estate efficiently and advise you on next steps.
Burzynski Elder Law has served families in Naples, FL, for over three decades with compassion, integrity, and a deep commitment to helping our clients through every phase of elder law and estate matters. Our team understands the emotional and legal complexity of probate and provides tailored guidance to ensure your loved one’s wishes are honored and your rights are protected.
If you’ve recently lost a loved one and need legal help navigating the probate process, contact Burzynski Elder Law today. We will walk you through your responsibilities and ensure that all steps are handled in compliance with Florida law.
Call us at (239) 434-8557 or schedule a consultation online to get started.
Probate doesn’t have to be overwhelming. With trusted guidance, you can handle your loved one’s estate with confidence and peace of mind.