O’Halloran & Simmons, PLLC hopes that you, your family and loved ones are safe and unaffected by Hurricane Ian. We are working diligently to re-open our Sanibel office as soon as possible. In the meantime, our downtown Fort Myers location is fully functional for all your needs.

Please reach out with ANY questions related to property damage or insurance claims for your residential or commercial property. “

O’Halloran & Simmons, PLLC hopes that you, your family and loved ones are safe and unaffected by Hurricane Ian. We are working diligently to re-open our Sanibel office as soon as possible. In the meantime, our downtown Fort Myers location is fully functional for all your needs.

Please reach out with ANY questions related to property damage or insurance claims for your residential or commercial property. “

It’s Your Legal Right & Our Priority

It’s Your Legal Right & Our Priority

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Probate & Estate Administration

In most cases, family members must go through the probate process in order to transfer assets from the deceased to his or her beneficiaries. Whether or not the deceased made a will, probate is often still necessary for the loved ones left behind to re-title property or gain access to bank accounts.

In Florida, the probate process can be complex and confusing for many people. O'Halloran & Simmons, PLLC, is dedicated to helping you through this difficult time as smoothly and efficiently as possible. With more than 45 years of experience, our probate attorneys are well equipped to guide you every step of the way.

Probate Litigation

Unfortunately, probate issues can often be a source of conflict between relatives. For instance, one family member may seek to challenge the provisions of the will. In all such disputes, it is vital to have the help of a skilled lawyer to defend your rights and make sure your loved one’s wishes are respected.

We handle probate litigation involving:

  • Will contests
  • Trust disputes
  • Disputes between heirs
  • Distribution of estate assets in accordance with Florida law

Working Hard for a Timely Resolution

At O'Halloran & Simmons, we strive to keep the probate law process moving as quickly as possible to make sure that the beneficiaries named in the will receive their inheritances in a timely manner. At the same time, we maintain close attention to detail and utilize every method we can to avoid creditors receiving more of the deceased’s assets than they are entitled to.

In Florida, a probate case can be filed in several different ways. Potential formats include summary administration, formal administration, administration unnecessary probate and more. Our law firm can explain the benefits and requirements of each. In general:

  • Summary administration is for smaller estates where there are no creditors. It is faster than formal administration and less costly.
  • Formal administration can usually be completed within one year and involves maintaining estate assets, selling assets when necessary, paying creditors and distributing the estate to the beneficiaries.
  • Administration unnecessary does not require an attorney and is used for very small estates with the assistance of the Lee County probate clerk.

Talk to Our Lee County Probate Administration Lawyers

Learn more about how our Fort Myers probate and estate lawyers can help you through the Florida legal process. Arrange a consultation by calling O'Halloran & Simmons at 239-603-6337 or toll free at 888-336-7912, or send us an e-mail today. We return all calls the same day.