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Whibbs Stone Barnett Turner, PA
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  • AttorneysPensacola, FL Attorney Profiles Our Attorneys Serve Fort Walton Beach, Pensacola & Surrounding Areas The law firm of Whibbs & Stone, P.A., is ready and willing to help you. With over 60 years of combined experience practicing law, our lawyers work effectively to get the results you deserve. Suzanne Whibbs Suzanne Whibbs received her undergraduate degree from the University of Auburn in 1993. In 1997, she received her J.D. from Cumberland School of Law at Samford University. Ms. Whibbs is a member of the Florida Bar, the Escambia-Santa Rosa County Bar Association, and the Real Property, Probate and Trust Law Sections of the Florida Bar. Her practice focuses primarily on Collections, Real Estate, Wills, Probate, Trusts and Estates, Debtor and Creditor Law, Business Law and Banking Law. Donovan Whibbs Donovan Whibbs received his undergraduate degree from the University of Alabama in 1994. In 1997, he received his J.D. from Cumberland School of Law at Samford University, where he was the Associate Editor for the American Journal of Trial Advocacy. He is a member of both the Florida and Alabama Bar. Mr. Whibbs is a member of the Workers’ Compensation Section of the Florida Bar, Association of Trial Lawyers of America,…
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  • Practice AreasPensacola Lawyers Our lawyers serve Pensacola, Fort Walton Beach & Surrounding Areas Located in Pensacola, Florida, the attorneys at Whibbs & Stone, P.A. represent clients throughout Florida in a variety of legal matters. We are a full service law firm established to assist clients a number of business-related matters and personal legal concerns, including the following: Accident Injuries Workers Compensation Automobile Accidents Trucking Accidents Personal Injury & Wrongful Death Criminal Law DUI Business Transactions Contract and Commercial Litigation Real Estate Estate Planning, Probate, Wills, Trusts, and Elder Law Social Security Disability Medical Malpractice Insurance Disputes Bankruptcy Family Law & Divorce We earned our reputation for excellence and our track record of success by providing individuals and businesses with excellent legal representation, the highest level of personal service, and our attention to detail. We will aggressively pursue your claim and zealously protect your rights. Pensacola Personal Injury Lawyers Our experienced personal injury lawyers assist clients that have suffered a personal injury, have lost a loved one, or want to recover workers compensation for an injury on the job. Our personal injury practice includes auto accidents (car wreck, car crash) as well as slip and fall claims. In many of these cases,…
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  • Probate

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Florida Probate and Estate Attorneys

Probate is the official court-supervised process for transferring the assets within a deceased person’s estate to his/her beneficiaries. In Florida, the probate process varies depending on whether or not the decedent had a will, the value of the estate, and other factors. In some cases, probate administration can be a fairly smooth process. In other cases (such as when there are will challenges), the process can become more complex and difficult to resolve. Whichever the case, it is best to work with an experienced attorney to help ensure that the decedent’s final wishes are fully carried out.

At the Law Offices of Whibbs, Stone & Barnett, P.A., we are here to provide skilled guidance with probate and estate administration, will contests, probate litigation, and all related legal matters. Our attorneys have over 60 years of combined experience assisting clients in Florida with a wide range of legal matters, and our depth of knowledge in this area of the law gives our clients the assurance that they will have their loved one’s estate settled in the most effective and cost-efficient manner.

The Florida Probate Process

In many instances, the estate of a decedent in Florida will have to go through probate. However, there are some cases in which the estate may qualify for a simpler process and/or some of the assets may not need to be probated. Examples of assets that do not need to go through probate include:

  • Jointly-Owned Property: Property that is held in joint tenancy by more than one person, such as a couple who owns a house together, or has a bank account that is in both of their names.
  • Assets with a Designated Beneficiary: Bank accounts with a payable on death (POD) designation, stock accounts with a transfer and death (TOD) designation, retirement accounts and life insurance policies with designated beneficiaries, and real estate property that is held in a “Lady Bird” deed/enhanced life estate.
  • Assets within a Living Trust: Property that was placed within a revocable living trust while the decedent was still alive can be distributed directly to beneficiaries without the need for probate.

Disposition without Administration

Some very small estates may qualify for a process called disposition without administration if they meet the following requirements:

  • The decedent did not have any real estate property;
  • The assets within the estate are exempt from the claims of creditors and do not exceed the decedent’s final expenses.

Final expenses may include funeral and burial costs as well as reasonable medical costs from the final 60 days of a decedent’s terminal illness.

Summary Administration

A simplified probate process known as summary administration be used for estates in which:

  • The decedent has been dead for at least two years; Or
  • The value of all the assets within the estate that are exempt from the claims of creditors does not exceed $75,000.

After all the required paperwork has been filed and the appropriate procedures have been followed, the court does not appoint a personal representative. Instead, it issues an order releasing the property within the estate to the appropriate beneficiaries.

Formal Probate Administration

If the estate does not qualify to bypass probate or go through a simplified procedure, it will need to go through regular probate. This usually takes place in the county where the decedent was living at the time of his or her death. If there was a will, the will must be filed in the appropriate circuit court within 10 days of learning of the decedent’s death.

The will nominates a personal representative (also known as an “executor”) to administer the final affairs of the estate. The person nominated in the will is normally the one who serves as personal representative, unless the court finds a compelling reason to appoint someone else. In the absence of a will, a personal representative is appointed by the court.

Once a personal representative is appointed, the court issues a document called Letters of Administration giving that person the authority to settle the estate. If there was a will, the court may automatically recognize its validity if the witnesses signed notarized statements and the document conforms with Florida law. If the will is determined to be valid and there are no will challenges, the personal representative proceeds with the accounting process.

Under the supervision of the court, the personal representative takes inventory of all assets and property, pays all debts and taxes, and distributes what is left to the heirs/beneficiaries (as per the terms and conditions of the will). Once this is complete, the personal representative submits a final accounting to the court and files a petition to discharge the estate. If someone objects to the way the estate is being administered, they may file that objection with the court. In some cases, this can result in costly and protracted probate litigation.

Probate Litigation in Florida

During the administration of an estate, interested parties may have various objections. These objections can often be handled informally; but sometimes, they result in legal challenges. One of the most common issues that arises is when someone challenges the validity of the will. This is often done because of alleged undue influence (e.g., the decedent was under coercion by a person who was in a position of trust and control), mental incapacitation, or that the will was not executed properly.

Probate litigation can also involve issues such as:

  • Wills that are vaguely worded and/or do not properly dispose of the decedent’s entire estate;
  • Determination of heirs (when no will was left and/or the decedent has very little family);
  • Survivorship claims;
  • Breach of fiduciary duty (e.g., failure of the personal representative to properly administer an estate).

Speak with Our Seasoned Florida Probate Lawyers

Losing a loved one is never easy. And dealing with the subsequent probate and estate issues can make things even more stressful. At the Law Offices of Whibbs, Stone & Barnett, P.A., we understand the challenges personal representatives and other family members face in handling the final affairs of a loved one. We work closely with our clients, putting our extensive experience to work to help them successfully navigate the complexities of the often-confusing Florida probate process.

If you need assistance with probate administration, probate litigation, or any other estate-related legal issue, we are here to help! For a consultation with one of our attorneys, call our office today at 850-500-1111 or send us a message through our online contact form.

Whibbs Stone Barnett Turner, PA

Pensacola Office
801 W. Romana St., Unit C
Pensacola, FL 32502
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Ft. Walton Beach
28 Walter Martin Rd.
Ft. Walton Beach, FL 32548
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Fairhope, Alabama
108 Professional Park Dr.
Fairhope, AL 36532
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With offices in Pensacola, Fort Walton/Destin, and Mobile, Alabama, we serve people across much of the Florida panhandle and the Gulf Coast. We offer a free consultation for all personal injury claims and always strive to provide high-quality legal services at reasonable, affordable rates.

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Pensacola Office
801 W. Romana St., Unit C
Pensacola, FL 32502
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Whibbs Stone Barnett Turner, PA  Attorneys at Law, is located in Pensacola, FL, and serves clients in Pace, Milton, Gulf Breeze, Pensacola Beach, Navarre, Cantonment, Molino, Crestview, Niceville, Fort Walton Beach, Mobile, Hurlburt Field, Eglin Air Force Base, Theodore, Irvington, Satsuma, Saint Elmo, Bucks, Grand Bay, Baldwin, Gonzalez, Valparaiso, Escambia and Okaloosa Counties.

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