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Probate & Trust Administration

What is Probate and 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.

Be Prepared

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.

When Death Is Imminent

View the steps to take when death is imminent.

Following a Loved One's Death

View the steps to take immediately following a loved one’s death.

Upcoming Appointment?

We can help you prepare before you appointment with our easy-to-use downloadable forms. Click below to get started now.

Do you need help with Probate or Trust Administration?

How can we help?

Feel free to ask a question or simply leave a comment.

Do you need help with Probate or Trust Administration?

How can we help?

Swank Elder Law

The firm of Britton G. Swank, P.A. is skilled at providing legal assistance to older adults and people of all ages preparing for the future.

Our Offices

Main Office:
10175 Six Mile Cypress Parkway, Ste 4
Fort Myers, Florida 33966

Satellite Office:
By Appointment Only
702 Leeland Heights Blvd W
Lehigh Acres, Florida 33936