Estate and trust administration in Florida, handled in the proper order.
Serving as a personal representative (the person appointed to settle an estate) or as a trustee is a significant legal responsibility. Attorney Season A. Chisholm and her staff handle the legal work, including inventories, notices, tax coordination, distributions, and closing, so you can give your attention to your family.
- For
- Personal representatives and trustees
- Coordinated with
- Your CPA, for final and fiduciary tax returns
- First step
- A 15-minute call or in-person consultation
What makes Florida law different.
Florida has several rules that differ from those in other states. These are the ones that most often affect families in Venice, throughout Sarasota County, and in communities across Florida.
Read the complete Florida estate and trust administration guide →
The order of steps matters
Florida law expects an estate to be administered in a particular sequence: open the case, notify creditors, wait for the claim period to end, resolve claims, and then distribute assets. Following that sequence protects you personally.
Notices to trust beneficiaries
After the death of the person who created a trust, Florida trustees must notify qualified beneficiaries within the time the law requires. Missing this notice is a common reason trustees face claims.
Fiduciary duties are personal
As a personal representative or trustee, you owe duties of loyalty, care, and accurate accounting, and you can be held personally responsible. Careful records protect you if a beneficiary questions a decision.
Assets that pass outside probate
Retirement accounts, life insurance, payable-on-death and transfer-on-death accounts, and jointly owned property usually pass outside probate. Identifying them early avoids confusion and mistakes.
Notice of Trust
A trust does not go through probate, but it has its own requirements. A Notice of Trust must be filed with the court, and trustees must keep records, send beneficiary notices, and provide accountings. Spanski Law keeps the trust administration and any probate case properly organized.
Coordinating with your CPA
Final personal income tax returns, fiduciary returns, and any estate tax filings each have their own deadlines. Spanski Law coordinates with your CPA so each is filed on time.
Closing properly
Signed receipts from beneficiaries, a final accounting, and, in probate, a court order closing the estate complete the administration and release you from further responsibility.
The filings, explained.
What each document does, and why it matters when your family needs to rely on it.
Inventory of Assets
What it doesA list of what the estate or trust owns, with values as of the date of death.
Why it mattersThe basis for every distribution and accounting that follows.
Notice to Creditors
What it doesA formal notice that begins the period for creditors to file claims.
Why it mattersHandled correctly, it protects the estate from late claims.
Notice to Qualified Beneficiaries (trust)
What it doesThe notice Florida law requires trustees to send to trust beneficiaries.
Why it mattersRequired by law; failing to send it can expose the trustee to personal liability.
Fiduciary Accounting
What it doesA record of every dollar received and paid by the estate or trust.
Why it mattersProtects you and shows the court and the beneficiaries how the estate was managed.
Receipts and Releases
What it doesSigned acknowledgments from beneficiaries confirming they received their distributions and releasing you from further responsibility.
Why it mattersThe final step that brings the administration to a proper close.
Who this service is designed for.
First-time personal representatives
You have never done this before, and the paperwork has already begun to arrive. Spanski Law provides a clear checklist and handles the court and creditor requirements for you.
Trustees of a family trust
You want to distribute assets correctly and avoid disagreements. Spanski Law makes sure the required notices, records, and accountings are complete.
Co-trustees and co-personal representatives
When more than one person shares the role, Spanski Law explains each person's duties at the outset.
Four steps, each explained before it begins.
A 15-minute call or in-person consultation
Season and her staff learn about your situation, identify which assets must go through probate, and explain which procedure applies.
A written agreement and fee estimate
The scope of the work is set out in writing, with a fee estimate, before anything is filed with the court.
Petition, letters, and notices
The case is opened, the personal representative is appointed, and creditor notices and the inventory are completed within the required time periods.
Claims, accounting, and distribution
Valid claims and taxes are paid, the accounting is prepared, and the estate is distributed and closed, releasing the personal representative.
Begin with a complimentary 15-minute call or in-person consultation.
Season works with a paralegal who has been with her for more than ten years, and she stays closely involved in every case. Whoever you speak with first will listen, explain the options that apply to your situation, and, if Spanski Law is not the right fit, suggest where to turn.
- ✓ You will speak with an attorney or paralegal, not an intake screener.
- ✓ A written fee estimate before anything is filed.
- ✓ Guidance grounded in Florida homestead law and Florida probate practice.
Request a consultation
Season or her staff will respond to arrange a time.
- What you need
- A few questions
- How to reach you
What are my duties as personal representative?
You owe a fiduciary duty to the estate. That means identifying and protecting assets, notifying creditors, paying valid debts and taxes, keeping records, and distributing the remaining assets as directed. Spanski Law guides you through each step in the proper order.
How long am I responsible as trustee?
Until the trust has been fully administered and closed. That is why the final accounting and signed receipts from beneficiaries are so important. Without them, a trustee may remain exposed to claims for years.
Do trusts avoid probate?
Generally, yes, for assets titled in the trust's name. Assets held outside the trust may still require probate. A careful administration confirms early which assets are in the trust and which are not.
What notices must a trustee send to beneficiaries in Florida?
Florida requires trustees to send specific notices to qualified beneficiaries within set time periods. Missing a required notice can expose a trustee to claims.
Can I be paid for serving as trustee?
Florida law generally allows reasonable compensation unless the trust document provides otherwise. Any compensation should be properly documented so it is not questioned later.
What about the deceased person's tax returns?
There is usually a final personal income tax return and sometimes a fiduciary income tax return for the estate or trust. Spanski Law coordinates with your CPA so the tax filings are completed and the estate can be closed.
When is it safe to distribute to beneficiaries?
After the creditor claim period has ended and valid claims and taxes have been paid. Distributions should be supported by signed receipts and a final accounting. Distributing too early is a common reason personal representatives and trustees face claims.
Probate checklist
The Florida Probate Checklist
A one-page checklist of what a Florida probate case needs: the original will, death certificates, the county clerk the case is filed with, and the assets and creditors to gather before the first conversation.
- The original will, and where Florida requires it filed
- Death certificate copies, and how many you will need
- Which Florida county clerk the case is filed with
- Summary vs. formal administration: which one fits
- Personal representative residency rules
- Homestead property and how it is treated
- Asset inventory: accounts, vehicles, real property
- Beneficiary-designated assets that skip probate
- Known creditors and the three-month claim period
- Final income tax and household bills
- Notice of Trust, when a trust is involved
- Documents to bring to the first conversation