Palm Beach County Probate and Estate Litigation Lawyer
Losing a loved one is an incredibly difficult experience, and the legal responsibilities that follow can feel overwhelming. If your family member passed away in Palm Beach County, their estate may need to go through the Florida probate process. Whether you are dealing with a standard estate administration, a complex will dispute, or the need to open an estate to pursue a wrongful death claim after a tragic accident, The Altman Law Firm is here to help. Led by attorney Jeffrey S. Altman, our Miami-based practice represents probate and estate clients across South Florida, including West Palm Beach, Boca Raton, and Jupiter. We handle the legal heavy lifting, from court filings to insurance negotiations, so your family can focus on healing.
Navigating the Palm Beach County Probate Courts
Probate is the court-supervised process of identifying a deceased person's assets, paying off their debts, and distributing the remaining property to beneficiaries. In Palm Beach County, probate matters are typically handled at the Main Judicial Complex in West Palm Beach, the South County Courthouse in Delray Beach, or the North County Courthouse in Palm Beach Gardens. Depending on the size of the estate and how long it has been since the person passed, the estate may qualify for Summary Administration, which is a shorter process, or it may require Formal Administration. Our firm guides personal representatives through every step, ensuring all Florida probate rules and deadlines are strictly followed.
Wrongful Death Estates and Personal Injury Claims
Because The Altman Law Firm has a strong background in personal injury, we frequently assist families when a loved one's passing was caused by someone else's negligence. Under the Florida Wrongful Death Act, a lawsuit cannot simply be filed by any family member; a personal representative must be appointed by the probate court to bring the claim on behalf of the estate and surviving survivors. Whether the loss occurred in a collision on I-95, a pedestrian accident in downtown West Palm Beach, or a premises liability incident, we handle both the probate administration and the underlying accident investigation. We negotiate with insurance companies and are fully prepared to take the matter to trial when the situation demands it.
Estate Disputes and Probate Litigation
Sometimes, the probate process does not go smoothly. Disputes can arise between beneficiaries, or there may be concerns about the validity of a will due to undue influence or lack of capacity. Additionally, a personal representative might be accused of a breach of fiduciary duty if they mismanage estate assets. Resolving these conflicts requires a thorough understanding of Florida estate laws and strong litigation skills. Jeffrey S. Altman and our team approach estate disputes with compassion for the family dynamics involved, while aggressively protecting our clients' legal rights in the courtroom.
Frequently asked questions
Do I need a lawyer for probate in Palm Beach County?
In most cases, yes. Florida law generally requires a personal representative to be represented by an attorney for Formal Administration, and it is highly recommended for Summary Administration to ensure all legal requirements and creditor notices are handled correctly.
How long does the Florida probate process take?
The timeline varies significantly based on the complexity of the estate. A Summary Administration might be concluded in a few months, while a Formal Administration often takes six months to a year. If there is probate litigation or an ongoing wrongful death lawsuit tied to the estate, the process can take much longer.
What happens if someone dies without a will in Florida?
When a person passes away without a valid will, they are said to have died 'intestate.' Their assets will be distributed according to Florida's intestacy statutes, which generally prioritize the surviving spouse and children. The probate court will also appoint a personal representative to manage the estate.
How long do I have to file a wrongful death claim in Florida?
Generally, the statute of limitations for filing a wrongful death lawsuit in Florida is two years from the date of death. However, specific circumstances can alter this timeline. It is important to consult with legal counsel promptly, as an estate must be opened before the lawsuit can be filed.
Can an out-of-state relative serve as a personal representative?
Yes, but with limitations. Florida law allows non-residents to serve as a personal representative only if they are closely related to the deceased, such as a child, parent, sibling, or spouse. An attorney can help determine if an out-of-state family member qualifies under the statute.
If you need guidance through the probate process or are facing estate litigation in Palm Beach County, contact The Altman Law Firm today to discuss your situation. Call (305) 373-3730.