Sarasota Probate Attorney

In Florida, most estates need to pass through probate. People getting their affairs in order may wonder how to avoid the probate process so their beneficiaries can receive assets without any delays or headaches. Personal representatives of an estate may wonder where to even begin with the administrative process that’s why our Sarasota probate attorney law firm can help.

The attorneys at Luhrsen Goldberg understand how intimidating the probate process can be, which is why we take time to provide straightforward answers in a language that you can understand. The probate process won’t seem so daunting with our lawyers on your side.

To discuss estate matters with experienced Sarasota County probate lawyers near you, contact our law firm in Lakewood Ranch. You can also speak with our attorneys by phone at 941.740.6159.

Probate is a legal process that is often necessary when an individual passes away. This court-supervised procedure is designed to identify and collect the decedent’s assets, pay off the decedent’s creditors and debts, and distribute the decedent’s assets to their designated beneficiaries.

These tasks are carried out by a personal representative, who is legally responsible for administering the decedent’s estate.

According to the Florida Office of the State Courts Administrator, 83,459 probate cases were filed from 2021-2022. This includes 5,656 probate cases filed in Sarasota County alone.

Yes, in nearly all cases a personal representative will need to hire a probate lawyer to assist in the probate process. The exception is “disposition without administration,” which is reserved for very small estates in which the total assets are roughly less than $10,000.00 and there are little to no creditors.

Even if you are not legally required by the state of Florida to hire a probate lawyer, it is still prudent to hire a skilled attorney to guide you through a very technical and often complicated process.

Founded in 2016, our women-led law firm offers clear and straightforward information about the probate process. We proudly serve Sarasota and other nearby communities in Southwest Florida

Together, the attorneys at Luhrsen Goldberg have nearly five decades of experience practicing law. This extensive knowledge informs our holistic approach to probate administration, estate planning, family law, and civil litigation.

Our attorneys understand the unique concerns of veterans and military families. Whether you’re a veteran creating an estate plan or the personal representative for a veteran who’s passed away, you can count on our lawyers to understand your needs and offer assistance.

The attorneys of Luhrsen Goldberg have strong ties to the local area. Our law office is proud to hold membership in the Greater Sarasota Chamber of Commerce, the Manatee Chamber of Commerce, and the Lakewood Ranch Business Alliance (LWRBA).

Luhrsen Goldberg can help Southwest Florida’s Spanish-speaking community. Our Sarasota County law firm can provide answers and translation in Spanish. We’ll make sure you understand what’s happening throughout the probate process and offer useful information and insight so you do not feel confused or overwhelmed.

If you’ve been named a personal representative or if you want to figure out ways to get around probate and pass assets directly to your loved ones, you can count on the attorneys at Luhrsen Goldberg for help. We can give you all the answers and guidance you need to make the probate process much easier. To speak with experienced Sarasota County probate lawyers near you, contact our probate attorneys in Lakewood Ranch.

Once personal representatives and surviving family members understand how probate works, the process does not need to be overwhelming or intimidating. Our probate administration attorneys prepare our clients accordingly for every step of the probate process, which usually includes these steps:

Filing the decedent’s will and death certificate with the circuit court

Collecting evidence of assets, including bank statements and invoices
Obtaining information regarding the decedent’s debts

Safeguarding the decedent’s probate assets for potential heirs

Filing the petition for probate administration

Publishing the “Notice to Creditors” in a local newspaper, giving creditors the opportunity to file a claim against the decedent’s estate via probate

Issuing actual “notice of administration” to known creditors

Issuing letters of administration and sending copies to beneficiaries, creditors, or anyone else who may have an interest in the decedent’s estate

Only after all creditors have been paid and assets have been distributed to beneficiaries can the probate proceedings close.

It will generally take at least a few months to move a decedent’s estate through probate. However, between the administration and management of the estate, it could be six months or longer. If the personal representative needs to challenge the validity of the creditor’s claims, if the will itself is challenged, or sell assets, the probate process will likely take longer.

Keep in mind that disputes among beneficiaries can also take time to resolve, stretching the process out by months or even years.

Our Sarasota County probate lawyers can offer counsel on how to resolve disputes, suggesting ways to negotiate compromises between parties and potentially avoid costly and time-consuming court battles.

Personal representatives have many responsibilities throughout the probate process. Ultimately, it’s up to the personal representative to ensure the decedent’s final wishes are carried out in accordance with their last will and testament, settle any outstanding debts, and fulfill their fiduciary responsibilities to the beneficiaries of the decedent.

Once the probate process has been initiated, the personal representative will be responsible for defending suits and objecting to creditor claims where necessary. The personal representative will also be responsible for paying creditors as described by valid claims filed, filing the decedent’s tax return for the current year as well as any late tax returns, and paying taxes as necessary.

Once expenses have been paid for administering the decedent’s probate estate, the assets can be liquidated or distributed to the decedent’s surviving spouse, children, or other relevant family members and beneficiaries.

A personal representative is someone over the age 18 who is often named in the decedent’s last will and testament. The personal representative does not need to be related to the decedent, and may instead be a trusted friend, colleague, legal professional, or representative of a financial institution. However, if the personal representative is not related to the Decedent, they must be a Florida resident to serve.

If a personal representative is not named, a personal representative can be picked in a majority in interest vote by the decedent’s beneficiaries. In situations in which an agreement cannot be reached by a majority of the beneficiaries, the probate court may appoint a personal representative.

If the decedent did not have a valid will, the decedent’s surviving spouse will have the priority to serve as the decedent’s personal representative under Florida Statute Chapter 732. If the decedent was not married or the surviving spouse declined the opportunity, a personal representative can be picked by the other beneficiaries or appointed by the court.

Without a last will and testament, the decedent’s assets will then be divided based on Florida’s intestate succession laws.

If you’ve been named a personal representative for an estate, you can count on the lawyers at Luhrsen Goldberg for help. We’ll give you realistic and honest advice about the situation and what steps you should take next. To receive guidance from trusted Sarasota County probate lawyers near you, contact our law office in Lakewood Ranch.

Yes, there are different ways to avoid the time and expense of the probate process. There are four common options that come up a fair amount in discussions about avoiding probate.

Trusts are a popular option for avoiding probate. In simple terms, a trust is a property interest held by one person (the trustee), at the request of another (the settlor), for the benefit of someone else (the beneficiary).

While a living trust or revocable trust offers the most flexibility, there are different trusts that can be set up. Our estate planning attorneys can let you know what type of trust makes sense for you if you are trying to avoid probate.

Jointly owning accounts or real estate property can help transfer the asset to a beneficiary without delays or administrative burdens.

There are different types of joint ownership that can be set up, and certain arrangements make more sense than others depending on who will be co-owner. Our Sarasota County probate attorneys can discuss these options in more detail during a consultation.

You can set up checking or savings accounts as pay-on-death accounts, with funds transferred to a named beneficiary when you pass away. You can similarly set up a transfer-on-death account for stocks and bonds.

Keep in mind that both POD accounts and TOD accounts could be exposed to claims from your creditors during probate. This option for transferring assets isn’t always flexible either.

If you are willing to part with certain assets while you are still alive, you can gift an asset to a loved one before you pass away. The gift made during your lifetime is not subject to probate.

In some cases, you may be subject to federal gift taxes if your gift exceeds a certain amount. In 2025, the annual gift tax exclusion is $19,000 per person. That means a married couple would have a total gift tax limit of $38,000.

Estate planning sometimes means coming up with unique solutions to ensure your spouse, children, and other beneficiaries get the most of what you want them to receive.

When you meet with our estate planning attorneys in Sarasota County, we can review probate-avoidance strategies that make sense for you and your needs.

Disputes can arise when executing a will and distributing assets to beneficiaries. Some potential reasons for a dispute during the probate process include the following:

The validity of a will could be called into question. This can be particularly important if a testator was pressured, coerced, or misled into signing the will, or if they were not of sound mind at the time the document was drafted or altered.

A beneficiary may accuse the personal representative of mismanaging the decedent’s estate or failing to carry out the decedent’s last wishes.

In families with fraught or tense relationships, disputes could arise over how much someone should have received from the decedent. This can lead to drawn-out court battles.

If creditors feel like their legitimate claims against the decedent’s estate have not been addressed during the probate process, they may seek legal action to collect outstanding debt.

If a will wasn’t drafted carefully, it could lead to vague language with different interpretations. This is why it’s so important to draft a will with the help of an estate planning attorney.

Probate disputes can be complicated, and resolving these issues requires a deep understanding of Florida probate laws and the administrative process.

The probate lawyers at Luhrsen Goldberg can review disputes and help you understand what steps should be taken next. When possible, our lawyers may recommend alternative dispute resolution (ADR) to avoid long battles in court.

Get Help from Experienced Sarasota Probate Attorneys Near You
The attorneys at Luhrsen Goldberg offer holistic estate planning services. Whether you’re getting your affairs in order or you are a personal representative dealing with the interests of numerous parties, our team is here to help make the process more manageable.

To get answers and additional information from experienced Sarasota County probate attorneys near you, contact our lawyers in Lakewood Ranch. You can also reach our law office at 941.740.6159.