Probate & Trust Administration

The firm of Britton G. Swank, P.A. is committed to helping clients overcome issues that arise when family members deal with wrapping up a loved one’s affairs.

Probate is the process in which a probate court assumes jurisdiction over a decedent’s probate assets. The probate process includes identifying the decedent’s debts, then handling those debts according to the decedent’s will, if one exists, or pursuant to statute if there is no will. A probate attorney assists the personal representative with accounting for all probate assets, valuing the probate estate and paying off any debts before distributing what is left of the probate estate among the beneficiaries or heirs.

Trust administration is also part of our practice at Britton G. Swank, P.A. We routinely work with trustees to help them fulfill the obligations and duties imposed on them by the trust itself and Florida law. The most common reason we see a client create a revocable living trust is to avoid the probate process at their death. If a trust is properly funded, it can absolutely accomplish this goal. Even so, there are some documents that still must be filed with the court after the creator of a revocable living trust dies.

We often see clients who are meeting with us following a crisis, an illness, a fall, or even a death. We recognize you may not have all of the information you would like. Take a deep breath and do the best that you can. Below are two guides to dealing with some of life’s difficult situations.