Naples & Ft. Myers, Florida Estate Administration Lawyer

Probate Attorney Serving Naples & Ft. Myers, Florida Residents

If you have recently discovered you were elected a deceased loved one's estate executor or administrator, you have certain responsibilities you must uphold, as well as steps you must follow to successfully close the decedent's probate case. The Law Office of Conrad Willkomm, P.A. can assist with your estate administration duties, no matter how complicated or simple the probate case may be.

Our attorneys have 20+ years of combined experience and have successfully resolved more than hundreds of probate cases. At our firm, we can assist you in obtaining the inheritance you are entitled to receive. We can help you interpret the terms of a will or trust, and can also help contest it. Let us protect your interests by properly administering the will or trust, verifying fiduciary accountings, or ensuring clear and accurate title to assets!

Facing Probate Challenges? We’re Here to Help!
Whether you're an executor or a beneficiary, we’ll protect your rights. Call (239) 303-4040 or contact us to get started.

What is the Executor Responsible for Doing During Probate?

As an estate administrator, you are in charge of discovering and dealing with: potential creditors, lawsuits, debts, taxes, and notifying any medical parties of the decedent's death. After you are named the estate's executor, you must gather the deceased's personal papers and effects to determine if there are any potential creditors involved in their estate. It is also imperative you locate their checkbook to discover if any recurring payments existed. This can help you determine if they had an existing debt prior to their passing.

All credit card issuers must be contacted to ensure any payments are not due, and if so, you must use money the decedent had to make said payments. If there is not enough money to pay any debts, you may be forced to sell their estate to make all necessary payments. Every medical facility that cared for your lost loved one must also be contacted to ensure all payments were made prior to their passing. You are also held responsible for paying all necessary income and estate-tax returns.

Understanding the Probate Process in Florida

Probate is the legal process of settling a deceased person’s estate. In Florida, the probate process ensures that debts are paid and assets are distributed according to the will or state law if there is no will.

Types of Probate in Florida

• Formal Administration – Used for larger estates or when there are disputes. This process requires court supervision and can take several months to complete.
• Summary Administration – A faster option for smaller estates (valued under $75,000) or if the decedent has been deceased for over two years.

Typical Probate Timeline

• Filing the will with the court
• Appointing an executor (personal representative)
• Identifying and valuing assets
• Notifying creditors and paying debts
• Distributing remaining assets to beneficiaries
• Closing the estate

Duties and Responsibilities of an Executor

As an executor (or personal representative), you have an important legal role in managing and closing the estate.

Key Responsibilities

• Managing Estate Assets – Locate bank accounts, real estate, investments, and personal property. Keep records of everything.
• Handling Debts & Creditors – Notify creditors of the person’s passing and settle outstanding debts using estate funds.
• Filing Court Documents – Submit the will, inventory of assets, and final tax returns. Follow all probate court requirements.
• Distributing Assets – Once debts are paid, ensure that remaining assets go to the rightful beneficiaries.

Common Probate Challenges & Disputes

Probate can sometimes lead to disagreements among family members or legal challenges.

Common Issues That Arise

• Will Contests – A beneficiary may challenge the will’s validity due to suspected fraud, forgery, or improper signing.
• Undue Influence Claims – Someone may argue that the deceased was pressured into making unfair changes to their will.
• Lack of Testamentary Capacity – A claim that the deceased was not of sound mind when creating or modifying their will.
• Creditor Disputes – Some debts may be questioned, or creditors may file claims against the estate for payment.

A probate attorney can help you navigate these challenges and ensure a smooth process.

Frequently Asked Questions (FAQ) About Probate in Florida

How long does probate take in Florida?

• The timeline depends on the complexity of the estate. Summary administration (for smaller estates) can take a few weeks to a few months, while formal administration (for larger estates) can take six months to a year or more.

Do all estates have to go through probate?

• No. If assets are jointly owned, have designated beneficiaries (like life insurance or retirement accounts), or are placed in a trust, they may bypass probate entirely.

Can I handle probate without an attorney?

• Technically, yes, but it’s not recommended—especially for formal probate cases. An attorney helps ensure that all legal requirements are met, reducing the risk of mistakes, delays, or disputes.

What happens if someone dies without a will in Florida?

• If there’s no will, Florida’s intestate succession laws determine how assets are distributed. Typically, assets go to the surviving spouse and children. If there are no direct heirs, assets may go to other relatives.

What if an executor doesn’t fulfill their duties?

• Beneficiaries can petition the court to remove an executor if they are mismanaging the estate, delaying the process, or acting dishonestly. A new executor may be appointed in their place.

Are all assets subject to probate?

• No. Assets with named beneficiaries (such as life insurance policies or retirement accounts), jointly owned property, and assets held in a trust do not go through probate.

What are common mistakes executors make?

• Failing to notify creditors properly
• Missing court deadlines
• Distributing assets too early before debts are paid
• Not keeping clear financial records

Feeling Overwhelmed? Call Us!

You do not have to complete the estate administration process alone-contact our Naples & Ft. Myers probate attorney to discover how we can help you. We have years of estate planning and probate experience and can help you close your deceased loved one's probate case in a timely manner. You don't have to worry about receiving any unpleasant fees after hiring our firm because we are upfront about our percentage-based fee arrangements. We look forward to assisting you with your probate needs.