The Tampa Probate Lawyer
10161 Centurion Parkway, N., Suite 310
Jacksonville, Florida 32256
Phone:  (904) 448-1969 - Fax: (904) 448-5244
Telephone (toll free)  (866) 510-9099
Email:  Info@TheTampaProbateLawyer.com
Our 30+ years of experience can help you and your family achieve peace of mind.
Tampa Probate Attorneys and Lawyers

























Florida Probate Lawyers and Florida Probate Law

Tampa. Florida probate lawyers and attorneys represent heirs, personal representatives or executors, creditors of probate estates, and beneficiaries with the administration of probate estates in the Florida probate courts, trust estates, and trust administration, in Tampa, Hillsborough County, and throughout the State of Florida.
 
If you need an experienced Florida probate lawyer to represent you in a probate estate proceeding in Tampa, or Hillsborough County, Florida, please call the Tampa Probate Lawyer, toll free at 1-866-510-9099, or email us at Info@TheTampaProbateLawyer.com.

Probate in Tampa, and Hillsborough County, 
Florida is governed by chapters 731-735 of the Florida Statutes, known as The Florida Probate Code.

Our Florida probate attorneys, with over 30 years of experience in Florida's probate courts, can help you accomplish the results you want, consistent with Florida probate law.

The following frequently asked questions about the Florida Probate process should provide you with information about the administration of a probate estate in the Florida probate courts.

Florida Probate - Frequently Asked Questions

1.   WHAT IS FLORIDA PROBATE?

2.   WHAT ARE FLORIDA PROBATE ASSETS?

3.   WHY IS FLORIDA PROBATE NECESSARY?

4.   WHAT IS A LAST WILL AND TESTAMENT?

5.   WHAT HAPPENS TO PROBATE ASSETS IF THERE IS NO LAST WILL AND TESTAMENT?

6.   WHO IS INVOLVED IN THE FLORIDA PROBATE PROCESS?

7.   WHERE ARE PROBATE PAPERS FILED IN A FLORIDA PROBATE?

8.   WHO SUPERVISES THE FLORIDA PROBATE ADMINISTRATION?

9.   WHAT IS A PERSONAL REPRESENTATIVE, AND
WHAT DOES THE PERSONAL REPRESENTATIVE DO IN A FLORIDA PROBATE ADMINISTRATION?


10.   WHO CAN BE A PERSONAL REPRESENTATIVE OF A FLORIDA PROBATE ESTATE?

11.   WHO HAS PREFERENCE TO BE PERSONAL REPRESENTATIVE OF A FLORIDA PROBATE ESTATE?

12.   WHY DOES THE PERSONAL REPRESENTATIVE NEED A FLORIDA PROBATE ATTORNEY?

13.   HOW ARE ESTATE CREDITORS HANDLED? 

14.   HOW IS THE INTERNAL REVENUE SERVICE ("IRS") INVOLVED?

15.   HOW IS THE FLORIDA DEPARTMENT OF REVENUE INVOLVED?

16.   WHAT RIGHTS DO THE SURVIVING FAMILY HAVE IN THE PROBATE ESTATE ASSETS?

17.   WHAT RIGHTS DO OTHER POTENTIAL BENEFICIARIES (OTHER THAN THE SURVIVING SPOUSE AND CHILDREN UNDER CERTAIN CIRCUMSTANCES) HAVE IN THE FLORIDA PROBATE ESTATE?

18.   HOW LONG DOES FLORIDA PROBATE TAKE?

19.   HOW ARE PROBATE FEES DETERMINED IN FLORIDA PROBATE?

20.   WHAT ALTERNATIVES ARE AVAILABLE TO FORMAL ADMINISTRATION?

21.   WHAT IF THERE IS A REVOCABLE LIVING TRUST?

1. WHAT IS FLORIDA PROBATE? 

Florida probate is a court-supervised process for identifying and gathering the decedent's probate assets, paying estate taxes and income taxes, creditors' claims and expenses and distributing assets to the Florida probate estate's beneficiaries. The Florida Probate Code is in Chapters 731 through 735 of the Florida Statutes.

Florida probate law establishes two types of probate administration:

    1. Formal probate Administration, with which most of this information deals and

    2. Summary Probate Administration

Florida probate law also establishes a non-administration proceeding called "Disposition of Personal Property Without Administration." (Back to the Top of Florida Probate FAQs)

If you need an experienced probate lawyer to assist you with a probate located in Tampa, or Hillsborough County, Florida, please call us toll free at 866-510-9099.

2. WHAT ARE FLORIDA PROBATE ASSETS?
 
Generally, Florida probate assets are those assets titled in the decedent's sole name at death or otherwise owned solely or individually by the decedent and which contain no provision for automatic transfer of ownership at death. For example:

    • a bank account in the sole individual name of a decedent is a probate asset, but a bank account held in-trust-for (ITF) another, or held jointly with rights of survivorship (JTWROS) with another, is not a Florida probate asset;

    • a life insurance policy, annuity or individual retirement account (IRA) that is payable to a specific beneficiary is not a probate asset, but a policy payable to the decedent's probate estate is a Florida probate asset;

    • real estate titled in the sole individual name of the decedent or as a tenant in common with another person, is a Florida probate asset (unless it is exempt Florida homestead) but Florida real estate held as joint tenants with rights of survivorship or as tenants by the entirety is not a Florida probate asset;

    • property owned by husband and wife as tenants by the entirety is not a Florida probate asset on the death of the first spouse to die, but transfers automatically to the surviving spouse upon the death of the first spouse to die.

This list is not exclusive but is intended to be illustrative of the types of assets that are not probate assets.
(Back to the Top of Florida Probate FAQs)


3. WHY IS FLORIDA PROBATE NECESSARY?
 
Probate is necessary in
Florida to wind up the affairs the decedent leaves behind. It ensures that all of the decedent’s creditors are properly paid. Florida Probate also serves to transfer assets from the decedent's individual name to the proper beneficiary of the Florida probate estate. Florida has had probate laws in force since becoming a state in 1845. Florida probate law provides for all aspects of the probate process, but allows the decedent to make certain decisions by leaving a valid last will and testament.

If you need the assistance of a Florida probate lawyer to represent you in the Florida probate court in Tampa, or Hillsborough County, Florida, please call us toll free at 1-866-510-9099.

(Back to the Top of Florida Probate FAQs)

4. WHAT IS A LAST WILL AND TESTAMENT?  

A last will and testament is a writing, signed by the decedent and witnesses, which meets formal requirements set forth by Florida probate law. A last will and testament usually designates a personal representative to administer the Florida probate estate and names beneficiaries to receive probate assets. A last will and testament can also do other things, including establishing a testamentary trust and designating a trustee of the testamentary trust.

To the extent a last will and testament properly devises probate assets and designates a personal representative of the Florida probate estate, the last will controls over the automatic provisions set forth under
Florida probate law. In the absence of a valid last will and testament, or if the last will fails in either respect, Florida probate law designates the beneficiaries of the Florida probate estate and designates the way to select the personal representative of the Florida probate estate.
(Back to the Top of Florida Probate FAQs)

If you need a qualified and experienced Florida probate lawyer to represent you in a probate proceeding pending in Tampa, or Hillsborough County, Florida, probate court, please call us toll free at 866-510-9099.

5. WHAT HAPPENS TO FLORIDA PROBATE ASSETS IF THERE IS NO LAST WILL AND TESTAMENT?  
Contrary to the belief of some, the decedent’s probate assets are not turned over to the State of
Florida unless no intestate heirs can be found. If there is no last will, the Florida probate assets of the decedent will be distributed to the intestate heirs. as defined by Florida probate law, as follows: 

    • Surviving Spouse and No Lineal Descendants. If there is a surviving spouse and no lineal descendants, the surviving spouse takes all of the Florida probate estate assets.

    • Surviving spouse and lineal descendants.

            1. If there is a surviving spouse and one or more lineal descendants (with the lineal descendants are all the lineal descendants of the surviving spouse as well as the decedent), the surviving spouse receives the first $60,000 of the probate estate plus one-half of the rest of the Florida probate estate, and the lineal descendants share the remaining half of the Florida probate estate.

            2. If there is a surviving spouse and one or more lineal descendants (one or more of which lineal descendants are not also lineal descendants of the surviving spouse), the surviving spouse receives one-half of the Florida probate assets and the lineal descendants share the remaining half of the Florida probate estate.

    • No Surviving Spouse, But Lineal Descendants. If there is no surviving spouse, but there are lineal descendants, the lineal descendants share the Florida probate estate, which is initially broken into shares at the children's level, with a deceased child's share going to the descendants of that deceased child.

    • No Surviving Spouse, No Lineal Descendants. If the decedent left no surviving spouse or lineal descendants, the Florida probate property goes to the decedent's surviving parents, and if none, then to the decedent's brothers and sisters and descendants of any deceased brothers or sisters. The Florida probate law provides for further disposition if the decedent is survived by none of these.

    • Exceptions to Above. The above provisions are subject to certain exceptions for Florida exempt homestead property, Florida exempt personal property, and a Florida statutory family allowance to the surviving spouse and any lineal descendants or ascendants who the decedent supported. Regarding Florida exempt homestead, if titled in the decedent's name alone, the surviving spouse receives a life estate in the Florida exempt homestead, with the lineal descendants of the deceased spouse receiving the Florida homestead property upon the death of the surviving spouse. If there are no lineal descendants, the surviving spouse receives full ownership of the exempt Florida homestead outright.
  (Back to the Top of Florida Probate FAQs)

If you need a Florida probate attorney to assist you with the probate of an intestate estate in Tampa, Hillsborough County, Florida, please call us toll free at 1-866-510-9099.

 6. WHO IS INVOLVED IN THE FLORIDA PROBATE PROCESS?

While there may be others, the following is a list of persons or entities often involved in the Florida probate process:

    • Clerk of the Circuit Court (See Question 7).  The Circuit Court, and therefore the probate court for Tampa, Hillsborough County, Florida is located at:  801 East Twiggs Street, Tampa, FL 33602-3554,
(813) 276-8100

    • Circuit Court (acting through a Circuit Court Probate Judge, See Question 8) in Hillsborough County, or the county in which the decedent was residing at the time of death.

    • Personal Representative (See Questions 9 through 11) of the probate estate as either named in the last will and testament, or as appointed by the Florida probate court.

    •
Florida probate attorney for the Personal Representative (See Question 12).  All court appointed personal representatives of probate estates in Florida must be represented by a Florida probate attorney or lawyer.

    • Claimants (See Question 13), or creditors of the probate estate.

    •
Internal Revenue Service (IRS) (See Question 14).  The IRS ensures that all apprpriate federal estate taxes (known as the "death tax") and federal income taxes are reported and paid.

    •
Florida Department of Revenue (See Question 15).

    • Surviving Spouse and Children (See Question 16), or other heirs who may have an inheritance from the decedent.

    • Other Beneficiaries (See Question 17) of the Florida probate estate.

    •
Trustee of Revocable Trust (See Question 21), if the decedent established a revocable living trust prior to death.   (Back to the Top of Florida Probate FAQs)

If you need a probate lawyer in Tampa, Florida, please call us toll free at 888-492-2468.

7. WHERE ARE PROBATE PAPERS FILED?
 
Probate papers are filed with the
Clerk of the Circuit Court, Hillsborough County, in the probate court division, or in the county where the decedent lived. A probate filing fee must be paid to the probate clerk to commence the Florida probate administration. The probate clerk assigns a file number and maintains a docket sheet which lists all probate papers filed with the probate clerk for that probate estate administration.  The probate clerk of court for Hillsborough County, Tampa, Florida, is located at:  801 East Twiggs Street, Tampa, FL 33602-3554, (813) 276-8100

(Back to the Top of Florida Probate FAQs)

8. WHO SUPERVISES THE FLORIDA PROBATE ADMINISTRATION?
 
A
Circuit Court Judge , or probate judge, presides over Florida probate proceedings. The Florida probate judge appoints the personal representative and issues "letters of administration," also referred to simply as "letters." This probate form document shows to the world the authority of the personal representative to act on behalf of the Florida probate estate. The probate Judge also holds hearings when necessary and resolves all questions raised during the administration of the probate estate by entering written directions called "orders." 

(Back to the Top of Florida Probate FAQs)

9. WHAT IS A PERSONAL REPRESENTATIVE, AND WHAT DOES THE PERSONAL REPRESENTATIVE DO?  

The personal representative is the person, bank or trust company appointed by the
Florida probate court to be in charge of the administration of the probate estate. The generic term "personal representative" has replaced such terms as "executor, executrix, administrator and administratrix."

The personal representative is directed by the Florida probate court to administer the probate estate pursuant to Florida probate law and probate rules. The personal representative is obligated to:

    • Identify, gather, value and safeguard probate assets.

    • Publish a "notice to creditors" legal probate form in a local newspaper, giving notice to probate creditors to file with the probate clerk claims and other probate forms and papers relating to the Florida probate estate. 

    • Serve a "notice of administration" on specific persons, giving information about the Florida probate estate administration and giving notice of requirements to file any objections or other probate forms with the Florida probate court relating to the probate estate.

    • Conduct a diligent search to locate "known or reasonably ascertainable" creditors of the probate estate, and notify them of the time by which their claims and other probate forms must be filed with the probate clerk for the Florida probate court.

    • Object to improper creditor claims and defend law suits brought on such creditor claims in the Florida probate court.

    • Pay valid creditor claims from probate assets.

    • File estate and income tax returns, including, if necessary the Federal Estate Tax Return (Form 706).

    • Pay estate taxes and income taxes owed by the Florida probate estate.

    • Employ necessary probate professionals to assist with the administration of the Florida probate estate, including appraisers, estate liquidation professionals, accountants and CPAs, and Florida probate attorneys and lawyers.

    • Pay administrative expenses incurred in the administration of the Florida probate estate.

    • Distribute statutory amounts or probate assets to the surviving spouse or family members from the probate estate.

    • Distribute probate assets to probate beneficiaries identified in the last will and testament or the heirs who inherited probate estate assets through intestacy.

    • Close the Florida probate administration when all of the creditor claims have been paid, all of the expenses of probate administration, including estate taxes and income taxes, and the heirs and beneficiaries have received all of the probate assets. 
(Back to the Top of Florida Probate FAQs)


If you need an experienced Florida probate lawyer to represent you as the personal representative of a Florida probate estate in Tampa, Hillsborough County, Florida, please call us toll free at 866-510-9099.                             

10. WHO CAN BE A PERSONAL REPRESENTATIVE?
 

    • The personal representative of the Florida probate estate can be one or more individuals, a bank, or trust company, subject to certain restrictions.

    • An individual who is either a resident of
Florida, or is a spouse, sibling, parent, child, or certain other close relatives, can serve as personal representative of the Florida probate estate.

    • A trust company incorporated under the laws of Florida, or a bank or savings and loan authorized and qualified to exercise fiduciary powers in Florida, can serve as personal representative of the Florida probate estate.  (Back to the Top of Florida Probate FAQs) 

11. WHO HAS PREFERENCE TO BE PERSONAL REPRESENTATIVE? 

    • If the decedent left a valid last will, the designated personal representative nominated in the last will has preference to serve as the personal representative of the Florida probate estate.

    • If the decedent did not leave a valid last will, the surviving spouse has preference to be the personal representative of the Florida probate estate, with second preference to the person selected by a majority in interest of the heirs of the intestate estate. 
(Back to the Top of Florida Probate FAQs)

12. WHY DOES THE PERSONAL REPRESENTATIVE NEED A FLORIDA PROBATE ATTORNEY?
 
In almost all instances the personal representative of a Florida probate estate must be represented by a
Florida probate lawyer or attorney. Many legal issues arise, even in the simplest probate estate administration and counsel and legal advice from an experienced Florida probate attorney or lawyer is necessary.

The Florida 
probate attorney for the personal representative advises the personal representative on rights and duties under the Florida probate law, probate rules, and probate court rules, and represents the personal representative in Florida probate estate proceedings. The Florida probate attorney for the personal representative of the Florida probate estate is not the Florida probate attorney for the beneficiaries or heirs of the probate estate.

A provision in a last will and testament mandating that a particular Florida probate attorney, lawyer, or law firm be employed as the Florida 
probate attorney for the personal representative is not binding on the personal representative of the Florida probate estate.  (Back to the Top of Florida Probate FAQs)

If you need a Florida probate lawyer to represent you as personal representative in a Tampa, or Hillsborough County, Florida probate proceeding, please call us toll free at 1-866-510-9099.

13. HOW ARE ESTATE CREDITORS HANDLED?  

Prior to commencement of
Florida probate proceedings, a creditor can file a caveat with the Florida probate court. Upon publication of notice to creditors a creditor or other claimant may file a probate form or legal document called a "statement of claim" against the Florida probate estate with the probate Clerk of the Circuit Court where the probate estate is being administered. In the Tampa, Florida area (Hillsborough County), the statement of claim should be filed with the Hillsborough County probate clerk at this address:  801 East Twiggs Street, Tampa, FL 33602-3554, (813) 276-8100.  This claim is generally required to be filed within the first three months of publication of a prescribed notice in a countywide newspaper. This three-month period is often referred to in the Florida probate rules as the "non-claim period." The personal representative or any other interested person involved with the Florida probate estate may file an a probate form objection to the statement of claim, after which the claimant must file a separate independent lawsuit against the Florida probate estate to pursue the claim.

The personal representative of the probate estate is required to use diligent efforts to give actual notice of the Florida probate proceeding to "known or reasonably ascertainable" creditors, to afford them an opportunity to file claims against the probate estate. A valid claimant is not viewed as an adversary of the personal representative but rather must be treated fairly as a person interested in the Florida probate estate until the claim has been satisfied or otherwise disposed of. 
(Back to the Top of Florida Probate FAQs)

If you need a Florida probate lawyer in the Tampa, Hillsborough County, Florida area to represent you as a creditor with a claim against a Florida probate estate, please call us toll free at 866-510-9099.

14. HOW IS THE INTERNAL REVENUE SERVICE ("IRS") INVOLVED? 


For federal income tax purposes, death triggers two things. It ends the decedent's last tax year for purposes of filing a federal income tax return, and it establishes a new tax entity, the "estate."

The personal representative of the Florida probate estate may be required to file the following returns, depending on income of the decedent, income of the probate estate and size of the probate estate:

    • Final Form 1040 income tax return, reporting income for the decedent's final tax year.

    • One or more Form 1041 income tax returns for the probate estate, reporting income for the probate estate.

    • Form 709 gift tax return(s), reporting certain gifts made by the decedent prior to death.

    •
Form 706 federal estate tax return, reporting the gross estate and deductions, and the amount of estate taxes due, depending upon the value of the gross estate.

The personal representative of the Florida probate estate may be required to file other tax returns. Additionally, the personal representative has the responsibility to deal with issues arising from tax years prior to the decedent's death (including tax returns that were filed by the decedent or that should have been filed).

The personal representative has the responsibility to pay amounts due to the IRS from the decedent and the probate estate and may be personally liable for those taxes. If a federal estate tax return is required to be filed, an estate tax closing letter is necessary to clear title to
Florida real property, and in some instances in order to close the probate administration with the Florida probate court. (Back to the Top of Florida Probate FAQs)

15. HOW IS THE FLORIDA DEPARTMENT OF REVENUE INVOLVED? 

The personal representative is required to send a copy of the probate inventory to the Florida Department of Revenue. A federal estate tax return is not required to be filed with the IRS, then the personal representative is required to record in the public records (and file in a formal estate administration) an Affidavit of No Florida Estate Tax Due. If a federal estate tax return is required to be filed with the IRS, then the personal representative of the probate estate is required to file a
Florida estate tax return, Form F-706, with the Florida Department of Revenue."

Regarding
Florida's intangible tax, the Florida Department of Revenue may review the Florida probate inventory to determine whether the Florida probate estate, or the decedent while alive, failed to file a required intangible tax return or to pay intangible tax.

For Florida probate estates required to file a
Florida estate tax return, a nontaxable certificate or a tax receipt from the Florida Department of Revenue is required in order to clear title to Florida real property and in order to close a formal probate administration. (Back to the Top of Florida Probate FAQs)

16. WHAT RIGHTS DO THE SURVIVING FAMILY HAVE IN THE PROBATE ESTATE? 

Florida public policy protects the surviving spouse and certain surviving children from total disinheritance. Absent a marital agreement to the contrary, a surviving spouse may have Florida exempt homestead rights, spousal elective share rights, family allowance rights, and exempt property rights. In addition, certain surviving children of the decedent may also have Florida homestead rights, pretermitted child rights, family allowance rights, and exempt property rights. The existence and enforcement of these rights is often best handled by an experienced Florida estate planning or Florida probate attorney(Back to the Top of Florida Probate FAQs)

17. WHAT RIGHTS DO OTHER POTENTIAL BENEFICIARIES (OTHER THAN THE SURVIVING SPOUSE AND CHILDREN UNDER CERTAIN CIRCUMSTANCES) HAVE IN THE PROBATE ESTATE? 

Under
Florida law, as with most other states, a decedent may entirely disinherit other potential beneficiaries of the probate estate. (Back to the Top of Florida Probate FAQs)

If you need an experienced Florida probate attorney to represent you as a beneficiary of a Florida probate estate, in Tampa, or Hillsborough County, Florida, please call us toll free at 866-510-9099.

18. HOW LONG DOES PROBATE TAKE IN FLORIDA? 

For Florida probate estates not required to file a federal estate tax return, the final accounting and papers to close the Florida probate administration are due within 12 months of issuance of letters of administration by the probate court. This period can be extended by the Florida probate court, after notice to interested persons of the probate estate.

The federal estate tax return is initially due nine months after death and may be extended for another six months, for a total of 15 months. If a federal estate tax return is required, the final accounting and papers to close the Florida probate administration are due within 12 months from the date the federal estate tax return is due. This date is usually extended by the probate court because often the IRS' review and acceptance of the probate estate tax return are not completed within that period.

Florida probate estates that are not required to file a federal estate tax return and that do not involve
probate litigation or estate litigation may often close in five or six months. (Back to the Top of Florida Probate FAQs)

19. HOW ARE PROBATE FEES DETERMINED IN FLORIDA PROBATE ADMINISTRATION?  

The personal representative, the
Florida probate attorney and other probate professionals whose services may be required in administering the Florida probate estate (such as appraisers and accountants) are entitled by Florida probate law to reasonable compensation.

The probate fee for the personal representative is usually determined in one of five ways: (1) as set forth in the last will and testament; (2) as set forth in a contract between the personal representative of the probate estate and the decedent; (3) as agreed among the personal representative and the heirs, beneficiaries, or other persons who bear the impact of the probate fee; (4) as the amount presumed to be reasonable as calculated under Florida probate law if the amount is not objected to; or (5) as determined by the Florida probate judge, applying Florida probate law.

Likewise, the probate legal fee for the
Florida probate attorney or lawyer for the personal representative of the probate estate is usually determined (1) as agreed among the Florida probate attorney, the personal representative and the persons who bear the impact of the fee, (2) as the amount presumed to be reasonable calculated under Florida probate law, if the amount is not objected to, or (3) as determined by the Florida probate judge, applying Florida probate law.  (Back to the Top of Florida Probate FAQs)

20. WHAT ALTERNATIVES ARE AVAILABLE TO FORMAL ADMINISTRATION? 

Florida probate law provides for several alternate, abbreviated procedures other than Formal Probate Administration.

Summary Probate Administration is generally available if the value of the probate assets owned by the probate estate subject to probate in
Florida (less property which is exempt from the claims of creditors) is not more than $75,000 or the decedent has been dead for more than two years.

Under Summary Probate Administration, the heirs, beneficiaries, or other persons who receive the probate estate assets remain liable for claims against the decedent for two years after the date of death. This claim period may be reduced in Summary Probate Administration by publication of notice in a local newspaper approved for legal advertising.

If you need a Florida probate lawyer to represent you in a probate summary administration, in Tampa, or Hillsborough County, Florida, please call us toll free at 866-510-9099.

Another alternative to Formal Probate Administration is "Disposition Without Administration." This is available if probate estate assets consist solely of exempt property (as defined by Florida law and the Florida Constitution) and non-exempt personal property, the value of which does not exceed the combined total of up to $6,000 in funeral expenses, plus the amount of all reasonable and necessary medical and hospital expenses incurred in the last 60 days of the last illness.

If the decedent was not a
Florida resident at the time of death, an alternate procedure may be used to admit the last will and testament to record in Florida probate court. This procedure is used to establish title to Florida real property. When admitted to record in any Florida county where the real estate is located, the "foreign will" serves to pass title to the real estate as if the last will had been admitted to probate. This procedure is available only if either two years have passed from the decedent's death or the domiciliary personal representative for the probate estate has been discharged and there has been no probate estate administration in Florida.  (Back to the Top of Florida Probate FAQs)

21. WHAT IF THERE IS A REVOCABLE TRUST?  

If the decedent created a
revocable living trust, in certain circumstances, the trustee of the trust estate may be required to pay expenses of administration of the decedent's probate estate and enforceable claims of the decedent's creditors. In any event, the trustee is required to file a "notice of trust" probate form with the Florida probate court where the decedent lived, giving information concerning the settlor and trustee.  In Tampa, Hillsborough County, Florida area, the notice of trust must be filed with the probate clerk of the probate court at the following address:  801 East Twiggs Street, Tampa, FL 33602-3554, (813) 276-8100.  (Back to the Top of Florida Probate FAQs)

If you need a Tampa, Florida probate attorney to represent you with regard to the administration of a revocable living trust, please call us at 866-510-9099.

This material represents general legal information about Florida probate law. Since Florida probate law is continually changing, some provisions may be out of date. It is always best to consult an experienced Florida probate lawyer or attorney about your legal rights and responsibilities regarding your particular case. 

The Breast Cancer Site

Tampa Florida Probate Lawyer Directory of Counties and cities in which Tampa Florida estate planning, elder law, asset protection planning, guardianship, Medicaid spenddown planning, nursing home abuse, and probate lawyers and attorneys offer Tampa, Hillsborough County, Florida estate planning, asset protection planning, guardianship, medicaid spenddown planning, nursing home abuse, and probate services:

Alachua probate lawyers  

Gainesville, Alachua, Hawthorne, High Springs, Waldo, Newberry, Micanopy

Bay probate lawyers  

Panama City, Panama City, Beach, Lynn Haven, Youngstown

Baker probate attorneys  

Macclenny, Glen Saint Mary

Bradford probate lawyers  

Starke, Brooker, Hampton

Brevard probate attorneys  

Cocoa, Cocoa Beach, Merritt Island, Titusville, Melbourne, Palm Bay, Cape Canaveral, Satellite Beach, Rockledge, Barefoot Bay, Indialantic, Malabar

Broward probate lawyers  

Ft. Lauderdale, Davie, Sunrise, Weston, Coral Springs, Pompano Beach, Hollywood, Hallendale, Plantation, Dania Beach, Coconut Creek, Deerfield Beach, Lauderhill, Lighthouse Point, Margate, Miramar, Oakland Park, Pembroke Pines, Tamarac, Wilton Manors, Hillsboro Beach, Pembroke Park, Cooper City, Port Everglades, Sea Ranch Lakes, Southwest Ranches

Calhoun probate attorneys  

Blountstown

Charlotte probate lawyers   

Punta Gorda, Charlotte, Port Charlotte, Palm Island

Citrus probate attorneys  

Crystal River, Homosassa Springs, Inverness

Clay probate lawyers  

Orange Park, Middleburg, Green Cove Springs, Keystone Heights, Penny Farms            

Collier probate attorneys  

Naples, Marco Island, Everglades City, Golden Gate, Immokalee, Palm River Estates, Ochopee

Columbia probate lawyers   

Lake City, Fort White            

DeSoto probate attorneys  

Arcadia, Brownville, Fort Ogden, Hull, Pine Level, Platt

Dixie probate lawyers  

Cross City, Horseshoe Beach, Old Town

Duval probate attorneys

Jacksonville, Jacksonville Beach, Atlantic Beach, Neptune Beach

Escambia probate lawyers   

Pensacola

Flagler probate attorneys  

Palm Coast, Flagler Beach, Bunnell, Beverly Beach, Marineland            

Franklin probate lawyers  

Apalachicola

Gadsden probate attorneys  

Quincy, Chattahoochee

Gilchrest probate lawyers  

Trenton

Glades probate attorneys  

Moorehaven

Gulf probate lawyers  

Port St. Joe, Wewahitchka

Hamilton probate attorneys  

Jasper, White Springs

Hardee probate lawyers  

Wauchula

Hendry probate attorneys  

Clewiston, LaBelle

Hernando probate lawyers   

Brooksville, Weeki Wachi

Highlands probate attorneys  

Avon Park, Sebring, Lake Placid, Leisure Lakes

Hillsborough probate lawyers   

Tampa, Plant City, Temple Terrace, Apollo Beach, Brandon, Lutz, Ruskin, Sun City Center, Riverview, Dover, Thonotosassa, Ybor City

Holmes probate attorneys   

Bonifay

Indian River probate lawyers  

Vero Beach, Indian River Shores, Fellsmere, Sebastian

Jackson probate attorneys  

Marianna

Jefferson probate lawyers  

Monticello

Lafayette probate attorneys  

Mayo

Lake probate lawyers  

Altoona, Clermont, Eustis, Fruitland Park, Lady lake, Leesburg, Minneola, Mount Dora, Tavares, Umatilla

Lee County probate attorneys 

Fort Myers, Bonita Springs, Cape Coral, Fort Myers Beach, Sanibel, Boca Grande, Estero, San Carlos Park, Lehigh Acres, Waterway Estates

Leon probate lawyers  

Tallahassee            

Levy probate attorneys  

Bronson, Cedar Key, Chiefland, Williston, Yankeetown

Liberty probate lawyers  

Bristol

Madison probate attorneys   

Madison

Manatee probate lawyers  

Bradenton, Anna Maria Island, Bradenton, Holmes Beach, Longboat Key, Palmetto, Myakka City

Marion probate attorneys  

Ocala, Leesburg, Belleview, Citra, Dunnellon, Salt Springs, Weirsdale            

Martin probate lawyers  

Stuart, Sewall’s Point, Hobe Sound, Jensen Beach, Jupiter Island, Ocean Breeze Park, Palm City

Miami-Dade probate attorneys   

Miami, Coral Gables, Coconut Grove, South Miami, Kendall, Homestead, North Miami, North Miami Beach, Miami Beach, Hialeah, Miami Shores, Miami Lakes, Aventura, Bal Harbour, Bay Harbor Islands, Hialeah Gardens, Key Biscayne, Pinecrest, Surfside, Cutler Bay, Doral, Golden Beach, Indian Village, Islandia, Medley, Miami Gardens, North Bay Village, Sunny Isles Beach, Sweetwater, Virginia Gardens, Florida City, Goulds, Biscayne Park

Monroe probate lawyers  

Key West, Islamorada, Key Largo, Marathon, Big Pine Key, Key Colony Beach, Sugarloaf Key, Tavernier

Nassau probate attorneys   

Fernandina Beach, Amelia Island, Hilliard, Yulee, Callahan            

Okaloosa probate lawyers   

Fort Walton Beach, Niceville, Cinco Bayou, Destin, Shalimar Valparaiso

Okeechobee probate attorneys  

Okeechobee

Orange probate lawyers  

Orlando, Lake Buena Vista, Apopka, Edgewood, Maitland, Ocoee, Windemere, Winter Garden, Winter Park, Zellwood

Osceola probate attorneys  

Kissimmee, St. Cloud, Celebration

Palm Beach probate lawyers  

Palm Beach, West Palm Beach, North Palm Beach, Lake Worth, Boca Raton, Delray Beach, Boynton Beach, Greenacres, Highland Beach, Hypoluxo, Juno Beach, Jupiter, Lake Park, Lantana, Ocean Ridge, Palm Beach Gardens, Royal Palm Beach, Wellington, Pahokee, Tequesta, Riviera Beach, Loxahatchee, Manalapan, Ocean Ridge, Glen Ridge

Pasco probate attorneys  

New Port Richey, Bayonet Point, Gulf Harbors, Dade City, Holiday, Hudson, Land O’Lakes, Odessa, St. Leo, Zephyrhills

Pinellas probate lawyers  

St. Petersburg, Clearwater, Dunedin, Gulfport, Largo, Oldsmar, Pinellas Park, Safety Harbor, Tarpon Springs, Treasure Island, Belleair, Madeira Beach, North Redington Beach, Seminole, Indian Rocks Beach                              

Polk probate attorneys  

Lakeland, Auburndale. Bartow, Eagle Lake, Fort Meade, Haines City, Lake Alfred, Lake Wales, Winter Haven, Frostproof, Polk City, Highland Park, Indian Lake Estates

Putnam probate lawyers  

Palatka, Interlachen

Santa Rosa probate attorneys   

Gulf Breeze, Milton

Sarasota probate lawyers  

Sarasota, Longboat Key, North Port, Venice

Seminole probate attorneys  

Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, Sanford, Winter Springs

St. Johns probate lawyers  

St. Augustine, St. Augustine Beach, Ponte Vedra Beach, Nocatee, Crescent City, Melrose, Pomona Park, Welaka

St. Lucie probate attorneys 

Fort Pierce, Port St. Lucie

Sumter probate lawyers  

Wildwood, Bushnell, The Villages

Suwannee probate attorneys   

Live Oak

Taylor probate lawyers  

Perry, Steinhatchee

Union probate attorneys  

Lake Butler

Volusia probate lawyers  

Daytona Beach, Ormond Beach, New Smyrna Beach, Deland, Deltona, Edgewater, Holly Hill, Ponce Inlet, Port Orange

Wakulla probate attorneys   

 

 

 

Walton probate lawyers  

DeFuniak Springs, Seaside

Washington probate attorneys   

Chipley

 

Legal Notice and Disclaimer.  The materials within this website are for informational purposes only.  This information does not constitute legal advice and should not be relied upon by any individual.  Communication of this information is not intended to create, and receipt does not constitute, the establishment of an attorney-client relationship.  Internet users and readers should not act upon this information without first seeking professional legal counsel for your particular circumstances.  The information on this website is provided only as general information which may or may not reflect the most current legal information.
















































Website Builder