Practice Areas — Probate & Trust Administration

Mr. Adamski handles all aspects of Probate, Trust and Estate Administration, including litigation. Probate is the legal process in which a person's will is administered in the Probate Court. The provisions of the will dictate how the individual's assets are distributed upon death. Estate Administration includes the probate process as well as non-probate transfers of the deceased's assets, such as life insurance, annuities, qualified plans, and trust assets and compliance with applicable estate tax requirements. Mr. Adamski assists the personal representative of the estate in the gathering, valuation, accounting and distributing the decedent's assets.

Formal Administration of an estate is required if the decedent died less than two years and the probate estate exceeds $75,000 in value, or if complications warrant the appointment of a personal representative to handle the decedent’s assets.

Summary Administration is available if the decedent has been dead more than two years or the asset value is less than $75,000 on date of death, and there are no reasons to appoint a personal representative to handle the assets.

In any probate filing the assistance of an attorney is required by law.

Summary Administration Proceedings

Summary Administration proceedings are available in small estates when a formal administration is not warranted by circumstances or directed by the decedent’s last will, and when the value of the property subject to administration in Florida (less property exempt from claims of creditors) does not exceed the value of $75,000.00, or the decedent has been dead for more than two years.

The following documents are required in a Summary Administration proceeding:

I. Decedents who die as residents of Florida :

If the decedent was a resident of Florida at the time of death we need the following:

1. The original will. If the decedent died without a will, the estate descends according the laws of intestacy to his or her family members.

2. The names and addresses of all beneficiaries, and a list of those who will sign the petition for summary administration prepared by this office. If any beneficiary has died since the decedent died we must discuss how to handle their estate.

3. Certified copy of the death certificate.

II. If the decedent was NOT a resident of Florida and died leaving a will:

A. If the decedent died leaving a will which was probated in another state, we need copies, certified by the clerk of the probate court where the will was probated, of:

the last will
petition to admit the will to probate
order admitting the will to probate
letters of administration issued to the executor of the estate

We also need a copy, not necessarily certified, of the death certificate.

We also need names and addresses of all beneficiaries, and a list of those who will sign the petition for summary administration prepared by this office. If any beneficiary has died since the decedent died we must discuss how to handle their estate.

B. If the decedent died leaving a will and there was no probate proceeding, I will need the original will to file here in Lee County and a certified copy of the death certificate.

Creditors: The law requires that the issue of the decedent’s creditors be addressed in the petition filed with the court. If the decedent has been dead for more than two years, creditors are barred from filing claims against the estate. If the decedent has been dead for less than two years, the petition for summary administration will contain a statement that all creditors have been paid and there are no claims against the estate. If there are known creditors we must discuss how they will be handled.

Estate Taxes: Most estates will pay no state or federal estate taxes. If the estate is subject to estate taxes we must discuss how they will be handled.

III. If the decedent was NOT a resident of Florida and died without leaving a will:

If the decedent died in a state other than Florida without leaving a will we need the following:

Certified copy of the death certificate.
The names and addresses of all beneficiaries, and a list of those who will sign the petition for summary administration prepared by this office. If any beneficiary has died since the decedent died we must discuss how to handle their estate.

IV. IN ALL CASES:

Inventory of Assets: We need a full list of assets subject to this proceeding and their values at the date of death. These items will be listed in the petition and the order. The order will state that the items are the property of the beneficiaries.

Creditors: If the decedent has been dead for more than two years creditors are barred from filing claims against the estate. Otherwise, the law requires that the issue of the decedent’s creditors be addressed in the petition filed with the court. If the decedent has been dead for less than two years, the petition for summary administration will contain a statement that all creditors have been paid and there are no claims against the estate. If there are known creditors we must discuss how they will be handled.

Estate Taxes: Most estates will pay no state or federal estate taxes. If the estate is subject to federal estate taxes we must discuss how they will be handled.

Procedure: Upon receipt of the documents we will prepare the paperwork to file the estate here in Lee County . I will send the documents to the designated person for signature prior to filing. Unless other arrangements are made, the fees and costs are payable at the time the documents are signed and returned to this office prior to filing with the court. The process will consume approximately one month from the date we receive all of the required documents.