What types of probate can you do without an attorney

Sean: All right, I have a question. My elderly father had set up a trust. Everything is in the trust, the house, 401(k), stocks, everything like that. My question would be, how hard would it be to probate myself? There is an account that I'm associated with, but everything else is set up in the trust, like it's 401(k)s, IRAs, stocks, stuff like that.

Atty. Tom Olsen: Well, Sean, first of all there is a type of probate that you can do here in Florida called a summary administration. Florida law says that you can do that without an attorney, but the probate clerks will not give you a form. They will not answer questions for you.

Sean, there's another type of probate called a full administration, and that's what we use most often. This form of statute say in a full administration probate the law requires that you be represented by an attorney.

Sean, your father has a trust for the purpose of avoiding probate, and if everything has been done properly, then there should not be a probate required when he passes away. Am I missing something?

Sean: No. I'm on one of his accounts as a secondary. That's the only thing that's not in probate, or excuse me, in the trust.

Atty. Olsen: When you say secondary, do you mean you're a co-owner of that account?

Sean: Correct, yes.

Atty. Olsen: Well, if you co-own that account with him while he's alive, you've got to access those funds, and once he passes away, you still have access to those funds. They're not going through probate.

Sean: Okay. I just didn't know if I had to get an attorney, or if I could do that myself, because I'm sure they'd charge an absorbent amount of fees for trust.

Atty. Olsen: Hey, Sean, how many children does your dad have?

Sean: It's just myself left.

Atty. Olsen: Okay, are you the sole-- [crosstalk]

Sean: I'm the beneficiary of the trust.

Atty. Olsen: You're the sole beneficiary?

Sean: Yes. Well, my two daughters are secondary, but they're young children.

Atty. Olsen: Well, that doesn't tell me what I want to know. When your dad passes away, are you getting everything?

Sean: I take over, yes, correct.

Atty. Olsen: That's not what I'm asking. You're saying you're successor trustee, are you inheriting all of his wealth?

Sean: Yes, I do. Yes, I am.

Atty. Olsen: Sean, from a tax planning perspective, it would be better if his 401(k) names you as a beneficiary not his trust. With that Sean, [crosstalk]

Sean: No, I am the beneficiary with that as well.

Atty. Olsen: Got it. Okay, Sean. All right, we wish you the best of luck. If you need some help, feel free to reach out to the Olsen Law Group here in Orlando.

[00:02:45] [END OF AUDIO]