The Altman Law Firm guides Miami families through the complexities of probate and estate administration with compassion and dedicated legal support.
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The Altman Firm Difference defines our strict focus on high-leverage litigation and complex probate administration, leveraging our legacy since 1998 and Jeffrey S. Altman's status in the Million Dollar Advocates Forum. We do not operate as a general practice, focusing exclusively on sophisticated estate and probate matters.
Navigating the loss of a loved one is an incredibly difficult experience, and dealing with the legal complexities of their estate can add unnecessary stress to a grieving family. Probate is the court-supervised process of identifying and gathering a deceased person's assets, paying their debts, and distributing the remaining assets to beneficiaries. At The Altman Law Firm, we understand the emotional and financial toll this process can take. For over 25 years, Jeffrey S. Altman has provided compassionate and authoritative legal counsel to families in Miami and throughout South Florida. Whether you are dealing with a standard estate administration or need to establish an estate for a wrongful death claim, our team is here to help you navigate the Florida probate court system. We handle the legal burdens so you can focus on healing and honoring your loved one's legacy. Every estate is unique, and the path forward depends on the specific circumstances of your family and the assets involved. We are committed to providing clear guidance through formal administration, summary administration, or the specialized probate procedures required when pursuing a personal injury or wrongful death lawsuit on behalf of an estate.
The probate process in Florida typically begins with filing a petition in the circuit court of the county where the deceased resided. The court then appoints a personal representative, often named in the will, and issues Letters of Administration, which grant the legal authority to act on behalf of the estate. The personal representative is responsible for identifying, gathering, and safeguarding the estate's assets. Next, a Notice to Creditors must be published and served to known creditors, allowing them a specific window to file claims against the estate. After valid debts and taxes are paid, the personal representative petitions the court for permission to distribute the remaining assets to the rightful beneficiaries. Finally, once all assets are distributed and matters resolved, the estate is formally closed. When dealing with wrongful death litigation, the process also includes securing court approval for any settlements and ensuring proceeds are distributed properly.
Probate and estate matters in our state are primarily governed by the Florida Probate Code, found in Chapters 731 through 735 of the Florida Statutes. These laws dictate the procedures for both formal and summary administration, the priority of personal representative appointments, and the strict timelines for creditor claims. Additionally, when an estate is opened to pursue a claim for a fatal accident, the Florida Wrongful Death Act (Fla. Stat. § 768.16 et seq.) plays a critical role. This act specifies who may recover damages, how a personal representative must bring the claim on behalf of the survivors and the estate, and how any recovery is allocated. Furthermore, the statute of limitations (Fla. Stat. § 95.11) strictly limits the time available to file civil claims on behalf of the estate, making prompt legal action essential. This information is for educational purposes and does not constitute legal advice.
A formal probate estate must be opened because Florida law strictly limits standing to pursue a wrongful death action. Under Fla. Stat. § 768.20, only the court-appointed personal representative of the decedent's estate holds legal authority to initiate litigation, negotiate with insurers, and sign settlement releases on behalf of all beneficiaries. Even when individual family members are the sole recipients of settlement proceeds, a probate judge must issue Letters of Administration appointing the representative before proceedings move forward. Jeffrey S. Altman and The Altman Law Firm work alongside probate practitioners to ensure the representative is established to advance the litigation.
When a person dies without a will, estate distributions follow Florida intestate succession laws under Fla. Stat. §§ 732.101–732.103. The statutory distribution follows clear priority: 1. If survived by a spouse and all descendants are shared, the surviving spouse inherits the entire estate. 2. If there are descendants from another relationship, the spouse receives half and descendants share the remaining half. 3. If there is no surviving spouse, the estate passes entirely to surviving children or lineal descendants, followed by parents and siblings. The Altman Law Firm assists families in identifying legal beneficiaries during estate-related litigation.
The primary distinctions involve estate value, administrative oversight, and whether a formal personal representative must be appointed: 1. Summary Administration: Authorized under Fla. Stat. § 735.201, this expedited process is typically available when probate assets do not exceed statutory financial limits or when the decedent has been deceased for more than two years. 2. Formal Administration: Governed by Fla. Stat. Chapter 733, this comprehensive proceeding requires court appointment of a personal representative, which is essential whenever an estate must pursue or settle legal claims. Jeffrey S. Altman and The Altman Law Firm advise clients on coordinating probate proceedings with active civil actions.
In most circumstances, creditors cannot touch wrongful death settlement funds recovered for individual family members. Under Fla. Stat. § 768.21, damages awarded directly to statutory survivors—such as compensation for mental pain, suffering, and lost support—do not belong to the estate and are legally protected from the decedent's creditors. However, damages recovered explicitly on behalf of the estate itself, such as reimbursable medical expenses or lost net accumulations under Florida probate law, can be subject to timely creditor claims filed under Fla. Stat. § 733.702. The Altman Law Firm helps families structure claims to clarify which proceeds belong to surviving relatives.
If an injured plaintiff passes away while a lawsuit is pending, the claim does not terminate automatically. Instead, the action proceeds through distinct procedural steps: 1. A formal Suggestion of Death is filed on the court record. 2. A personal representative is appointed through the Florida probate court to manage the decedent's estate. 3. Under Florida Rule of Civil Procedure 1.260, the personal representative is substituted as the formal plaintiff within 90 days. The Altman Law Firm, led by Jeffrey S. Altman, guides families through this transition, coordinating with estate counsel to preserve the underlying litigation without procedural delay.
Opening an estate to pursue litigation requires obtaining legal authority through the Florida probate court. Under the Florida Probate Code (Fla. Stat. Chapter 733), the process generally follows these steps: 1. File a petition for administration in the circuit court of the county where the decedent resided. 2. Submit the decedent's last will or petition under intestate succession rules if no will exists. 3. Obtain Letters of Administration from the probate judge, which officially appoints the personal representative. The Altman Law Firm, led by Jeffrey S. Altman, guides families through coordinating probate administration with pending claims to ensure legal actions are properly maintained.
Under Fla. Stat. § 768.20, only the court-appointed personal representative of a decedent's estate possesses legal standing to file a wrongful death action in Florida. Even when surviving relatives are the ultimate beneficiaries of any settlement, probate court intervention is required. Establishing legal standing requires: 1. Filing a petition for administration in the appropriate Florida circuit court. 2. Submitting the will or establishing intestate priority. 3. Securing Letters of Administration from the probate judge authorizing legal action. The Altman Law Firm coordinates these necessary probate steps to ensure wrongful death claims are filed properly and timely.
Under Florida law, the continuation of the lawsuit depends on whether the death was caused by the underlying injuries. If the individual passed away due to the injuries involved in the lawsuit, Fla. Stat. § 768.20 requires the personal injury action to be converted into a wrongful death claim brought by the estate's personal representative. If death occurred from independent, unrelated causes, Florida's survival statute (Fla. Stat. § 46.021) permits the estate's personal representative to be substituted as the plaintiff to seek damages incurred up until death. Jeffrey S. Altman and The Altman Law Firm assist families in navigating probate court to maintain active legal claims.
General estate creditors typically cannot take wrongful death settlement proceeds allocated directly to surviving family members. Under the Florida Wrongful Death Act (Fla. Stat. § 768.21), damages awarded to statutory survivors—such as compensation for mental pain, suffering, and lost parental or spousal companionship—belong exclusively to those individuals and do not become probate assets. However, compensation recovered on behalf of the estate itself for the decedent's medical expenses or lost earnings is subject to valid creditor claims under Fla. Stat. § 733.702. Jeffrey S. Altman and The Altman Law Firm structure claims carefully to protect survivor recoveries while resolving lawful estate obligations.
A survival action and a wrongful death claim address distinct legal damages under Florida law. Under Fla. Stat. § 46.021, a survival action belongs directly to the decedent's estate and preserves personal injury claims the deceased person could have pursued had they survived, recovering losses sustained between the injury and death. Conversely, a wrongful death claim under Fla. Stat. § 768.20 compensates designated statutory survivors for their own losses resulting from the death. The Altman Law Firm, founded by Jeffrey S. Altman, evaluates these matters to identify which claims must be administered through probate to protect the family's rights.
No, funds recovered specifically for statutory survivors cannot be seized by estate creditors. Under Fla. Stat. § 768.21, compensation awarded for survivors' direct damages—including emotional anguish and loss of companionship or support—belongs exclusively to those named survivors and does not enter the probate estate as general assets. As a result, decedent creditors have no claim against that portion of the settlement. However, any recovery designated for medical bills or lost earnings directly incurred by the decedent's estate remains available to satisfy valid creditor claims. The Altman Law Firm, led by Jeffrey S. Altman, helps families protect designated survivor proceeds during estate proceedings.
Under Fla. Stat. § 733.702, the deadlines for creditors to file claims against a Florida probate estate follow strict statutory timeframes: 1. Known or reasonably ascertainable creditors served with a formal Notice to Creditors have 30 days from the service date to file a claim. 2. Unknown creditors have three months following the first publication date of the Notice to Creditors in an approved local publication. 3. Under Fla. Stat. § 733.710, all creditor claims are completely barred two years after the decedent's death, regardless of whether formal administration was initiated or notice was published.
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