Franco Aughey P.A.

Welcome to Probate

When an individual dies in Florida, the law instantly assumes that the title to all of that person’s property as well as the responsibility for his debts transfers to his “estate”.

The legal system in the state of Florida has a body of law, called the Florida Probate Code, which tells us how to redistribute the property of the loved one who has passed. Assets such as homes, other real estate property, cash, investments, automobiles, aircraft, watercraft, jewelry, art, and personal effects of the deceased are some of the items a court will oversee the proper distribution or liquidation.

The will is the primary legal document which delineates the decedent’s wishes of how their property is to be distributed to their beneficiaries. With or without a will, a death will create the need to probate an estate in the Florida County which was the last residence of the decedent. If the decedent passed without a will, otherwise known as Intestate, then their property will be assigned generally to the rightful heirs per Florida Statute Chapter 732. If they had a will, otherwise known as Testate, the original will needs to be filed with the Court clerk within 10 days of their death. The executor of a Last Will and Testament, also called the personal representative, is responsible for the administration of the decedent’s probate estate. Furthermore, if there is no will, or the person nominated as Personal Representative cannot act, someone else will be appointed as the Personal Representative of the estate.


Administering the estate is a process that includes collecting the decedent’s assets, paying any debts or taxes owed, filing the decedent’s final tax returns and inventory, distributing the remaining assets in accordance with the provisions of the will, and notifying companies that need to know about the death. If the decedent created a Trust then the trustee is responsible for implementing the terms of the trust and filing a Notice of Trust with the court.

The general steps to probate in Florida are:

  • Locate the Last Will and Testament, if any, of the decedent and file with the court
  • Appointment of a qualified personal representative of the estate
  • Determine all information about decedent’s assets and debts and other obligations
  • File a Notice to Creditors for creditors to file claims against the estate
  • Litigate any objections
  • Payment of creditors, administration expenses, and beneficiaries
  • Prepare final report of transactions of the probate process, tax forms, and close the estate

We can assist you with the following:

  • Florida Formal probate administration
  • Florida Summary probate administration
  • Florida Ancillary probate administration
  • Asset distribution
  • Beneficiary rights under a will or trust
  • Florida Estate administration and litigation
  • Florida Trust Administration and litigation
  • Representation of Personal Representatives
  • Representation of heirs and creditors
  • Representing trustees in the administration of revocable and irrevocable trusts
  • Florida Will Contests

Franco Aughey, P.A. specializes in handling all of your Probate Administration needs in Florida and offers you a free no-obligation consultation. Franco Aughey, P.A. specializes in helping out-of-state families from the United States and Canada with probate of persons who passed while residing in Florida. Our office is open Monday Friday from 9:00 AM 5:30 PM and evenings by appointment. Please call our office at 954-617-0440 to discuss how our law firm can serve you. Telephone appointments and Home and Hospital appointments are available.

100 NW 82 Avenue, Suite 302, Plantation, Florida 33324

Office Hours

We are available to assist you during the following office hours:

Monday - Friday: 9:00 AM - 5:00 PM
Saturday: By Appointment
Sunday: Closed

Schedule a Consultation

If you would like to discuss your probate matter with one of our experienced attorneys, please fill out the form below. We will get back to you promptly to schedule a consultation.
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