Florida Probate
Attorney Services

Work with a Florida probate attorney that brings true, hands-on experience and expertise to the table. For over 30 years, Walser & Herman Law Firm has exclusively concentrated on estate planning, probate, trust administration, and elder law. During this long tenure, our professional team has accrued invaluable knowledge to help you navigate every step of the probate and trust administration process.

Our experienced Palm Beach probate attorney and trust administration lawyers handle every case with compassionate insight and unparalleled legal guidance. We understand that your trust is your legacy, and we take every step to ensure benefits are distributed correctly.

Working With Your Boca Raton Probate Attorney

Step 1

Schedule Your Free Consultation Today

Walser & Herman Law Firm offers a free consultation so we can obtain the specific details regarding your case to begin the probate process.

Step 2

Draft and File Pleadings

Since all probate filings are completed electronically, everything can be handled virtually. Walser & Herman Law Firm also offers a convenient virtual Notary for any documents that may require a Notary signature.

Step 3

Open the Estate and Appointment as Personal Representative

Upon receipt of a case number and approval of all filed pleadings, we proceed with submitting the proposed Orders for judicial review ASAP.

Probate vs.
Trust Administration

The main difference between trust administration and probate is that trust administration is not a court-superviseed process, When a person dies, leaving a valid trust, a trust administration becomes necessary to carry out wishes according to provisions outlined in the trust document.

Probate

Probate is the legal process through which a deceased person’s estate is properly distributed to heirs and designated beneficiaries, in addition to any debt owed being paid off to creditors. In this case, a personal representative, usually a trusted family member or a close friend, is in charge of administering an estate.

Also called an executor in many states, the personal representative is tasked with numerous duties to ultimately transfer property from the decedent’s estate to the heirs. In addition the personal representative must make sure that taxes and creditors are paid before assets are distributed to beneficiaries.

Florida Probate Administration

Also called an executor in many states, the personal representative is tasked with numerous duties to ultimately transfer property from the decedent’s estate to the heirs. In addition the personal representative must make sure that taxes and creditors are paid before assets are distributed to beneficiaries.

Probate

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The Duties of a Personal Representative

The duties you undertake as a personal representative include:

Opening the estate upon appointment by the court
Gathering and valuing your loved one’s assets
Filing an inventory of assets

Publishing notice to creditors of your loved one’s death
Paying viable debts owed by your loved one
Filing your loved one’s final tax return

Paying state and federal taxes, including estate taxes
Closing accounts, such as Social Security, health insurance and phone service
Distributing remaining property according to the will’s provisions
Closing the estate

Types of Probate Administration

Estates may be administered through a variety of processes, depending upon specific factors. Your loved one’s estate may be probated through:

Formal Administration
Most estates require formal administration, which involves close supervision by the probate court during each phase. Even if not necessary, you may choose formal administration under certain circumstances.
Summary Administration
The estate may be eligible for this expedited form of probate if the estate is worth $75,000 or less and debts are already paid off. However, the summary process imposes liability on heirs for up to two years from the date of the decedent’s death.
Ancillary Administration
An estate being administered in another state, but that includes property in Florida is subject to ancillary administration to properly deal with the Florida assets.

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Trust Administration

Your loved one may also have created an inter-vivos trust during her or his lifetime or a testamentary trust through their will. The person or institution named as trustee is responsible for administering this document. We help you to effectively carry out your duties as a personal representative or trustee.

The main difference between trust administration and probate is that trust administration is not a court-supervised process. When a person dies, leaving a valid trust, a trust administration becomes necessary to carry out the wishes according to provisions outlined in the trust document.

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The Duties of a Trustee

Our experienced Florida trust attorney team provides legal guidance to successor trustees who must administer an estate. Probate is generally not required if the decedent had a properly drafted and funded trust. Nonetheless, the successor trustee must take certain steps to administer the trust.

These steps include:

Contacting beneficiaries and keeping them informed
Gathering and investing the trust-maker’s assets

Notifying potential creditors
Paying debts

Filing tax returns; and,
Distributing assets and/or income to beneficiaries in conformity with the trust’s provisions

Learn More About Probate and Trust Administration from Our Florida Probate Attorneys

Walser & Herman Law Firm can help you open an estate in any of the 67 counties located in Florida. Call our Florida probate attorneys at 561.750.1040 or send us an email to schedule a consultation to discuss your options to proceed with your loved ones probate administration.

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Call us (561) 750-1040

Our Team

Our experienced attorneys will assist executors and successor trustees who lack the time, resources, or knowledge to personally deal with the complexities of probate administration and trust administration. Contact us today at 561.750.1040 for more information.

Thomas C. Walser, JD, LLM

Partner/Attorney

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Thomas C. Walser, JD, LLM

Partner/Attorney

Originating from Minnesota, Thomas C. Walser received his Bachelors of Science (B.S.) in Accounting from the Mankato State University, Minnesota in 1972. He obtained a Juris Doctor (J.D.) from the University of Minnesota Law School in 1976. Thomas C. Walser, as founder of the Walser & Herman Law Firm has committed himself and his career to the field of trust and estates, exemplified by attaining an LLM or graduate law degree in the area of estate planning from the University of Miami School of Law, Heckerling Institute, graduating in 1983. The Heckerling Institute on Estate Planning is often regarded as one of the most prestigious and renowned programs specializing in the area of trust and estates.

Mr. Walser is a former CPA who has practiced tax law for over 35 years. He began his professional career as a tax accountant in 1975, serving in the tax department of Touché Ross & Co., one of the big eight accounting firms in Minneapolis, Minnesota. In 1979 he was employed in the legal department of United Air Lines, Chicago, Illinois. While at United Air Lines, he provided legal, tax and pension services to United Air Lines and its parent holding company, UAL, Inc. In 1977 he accepted a position as International Tax Attorney in the International Tax Department of McDermott, Inc., where he traveled extensively to the Middle East, India, Mexico and Europe, dealing with area management, foreign advisors, and foreign tax authorities.

Mr. Walser has been in private practice in Florida since 1983. His law practice includes the areas of wills, trusts, probate and estate planning. His tax practice includes individual, corporation and partnership income taxation, estate tax planning and the preparation of all applicable income tax returns.

Christa W. Herman, Esq.

Partner/Attorney

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Christa W. Herman, Esq.

Partner/Attorney

Christa W. Herman was born in Atlanta, Georgia and raised in Canton, Georgia. She received her undergraduate degree from Berry College located in Rome, Georgia, in 2008, where she graduated with a Bachelor’s of Science (B.S.) in Finance along with a minor in music.

Mrs. Herman relocated to Ft. Lauderdale, Florida in 2009 to attend Nova Southeastern University, Shepard Broad Law Center, where she obtained her juris doctorate (JD) in 2012. Mrs. Herman was admitted to practice law in Florida in July 2012.

Prior to attending law school, Mrs. Herman worked as an Intern with Sellers & Warren, P.A., Attorneys at Law-Real Estate Closing Attorneys in Woodstock, Georgia, and as a Legal Administrative Assistant at The Mason Law Firm, LLC, Counselors At Law-Trial Attorneys and Mediators in Canton, Georgia. In 2011, Mrs. Herman joined The Law Office of Mitchell I. Kitroser, P.A. in Palm Beach Gardens, Florida as a Law Clerk, and continued to work there as an Associate Attorney until May 2013. Mrs. Herman started working with the Walser & Herman Law Firm in May 2013 as an Associate Attorney. She practices in a variety of law fields, including Estate Planning, Special Needs Planning, Medicaid Planning, Guardianship, and Probate and Trust Administration.

Mrs. Herman is a member of the Buddy Walk Committee for the Gold Coast Down Syndrome Organization located in Boynton Beach, FL, and a volunteer with the Els for Autism Foundation located in Jupiter, FL. In addition to her parents, Mrs. Herman has a younger brother, with Down Syndrome, and a younger sister. Growing up in a supportive and diverse family environment has greatly influenced Mrs. Herman’s involvement with special needs individuals. She is passionate about providing legal services in a timely, caring, and professional manner in order to meet the needs of today’s families. Mrs. Herman lives in Jupiter, FL with her loving husband and fellow attorney, Michael Herman, Jr.

Jay L. Kauffman, Esq.

Of Counsel

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Jay L. Kauffman, Esq.

Of Counsel

Jay Kauffman represents individuals and families in prosecuting and defending claims regarding estates, trusts and guardianships, including disputes over: the validity and construction of testamentary documents and advanced directives; the modification or reformation of estate plans; the inclusion or exclusion of assets in estates or trusts; the validity of purported gifts; the mental capacity of alleged incapacitated persons; the existence and sufficiency of lesser restrictive alternatives to guardianship; the appointment of guardians; breaches of fiduciary duty in the administration of estates, trusts and guardianships; and tortious interference with expectancies.

Mr. Kauffman also represents fiduciaries in the efficient administration of estates, trusts and guardianships. Mr. Kauffman has represented clients primarily in Florida’s Palm Beach and Broward Counties in such matters for more almost 20 years. Prior to that, he wrote and negotiated contracts for a telecommunications company and litigated commercial cases.

Mr. Kauffman is a graduate of Rutgers College, Rutgers University (B.A. with Honors in Economics,1993) and The University of Texas School of Law (J.D., 1996). He has been admitted to the Florida Bar since 1996.

Mr. Kauffman co-authored the following published legal authorities:

Chapter 4, Rights of the Surviving Family, Litigation Under Florida Probate Code, 5th edition (2005), 6th edition (2007) and 7th edition (2009);

Chapter 14 Appellate Practice In Probate, Litigation Under Florida Probate Code, 5th edition (2005), 6th edition (2007) and 7th edition (2009);

Chapter 3, Jurisdiction, Practice Under Florida Probate Code, 4th edition (2006), 5th edition (2008), 6th edition (2010) ), 7th edition (2012), 8th edition (2014), 9th edition (2016), and 10th edition (2018);

Mr. Kauffman has also co-authored several Florida Bar Journal Articles regarding estate litigation.

Mr. Kauffman is currently a member of the Real Property, Probate and Trust Law (RPPTL), Elder Law, and Trial Law sections of the Florida Bar. He lives in Boynton Beach with his wife and two daughters.