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Probate & Trust Administration

First, what is Probate?  

Probate is the court process, a series of filings and paperwork, required in order to pass property that was individually held by the person who passed, to the heirs of the person who passed through a Will, or if the person did not have a Will, to the heirs under law (intestate probate).  With proper Estate Planning, you can often avoid Probate, but where it is necessary and unavoidable, do not to be afraid, it's just a matter of paperwork and completing and filing the paperwork as efficiently and smoothly as possible.  

I know this is a hard time in your life and my goal is to ease your mind and help you, as smoothly as possible, to get the assets distributed and to the people they are intended for.  My goal is to minimize your stress and anxiety as much as possible and to keep family members calm and communicating.

There are different types of Probates required based on the value and type of assets which need to be passed:

Formal Administration:  A Formal Administration is for Probates of assets over $75,000.00.  This is the most common type of Probate and includes a series of documents and forms, including publication of a Notice to Creditors and a Creditor period.  

Summary Administration:  This type of Administration is available for Estates where less than $75,000.00 in assets has to pass through Probate.  This is a shorter, less expensive Probate.


Homestead Administration:  A Homestead Administration is always accompanied by a Summary Administration and deals with the deceased person's homestead property (if they are a Florida resident), passing it by court order to his or her heirs, free of creditors.  

Trust Administration:  If a Trust completed before death is properly funded, there may not be any Probate process or court involvement necessary.  If so, I can assist you with interpreting the Trust and advising you on how to fulfill your duties as Trustee to distribute the assets.

Tenney Law does not charge a flat percentage fee based on the value of the assets, but instead charges an hourly rate, which works out to a much more reasonable fee in most cases since a One Million Dollar Estate can be just as easy to probate as a One Hundred Thousand Dollar Estate.  Please call or email for further information.  

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