Sarasota Probate Attorney

Guiding personal representatives, executors, and grieving families across Sarasota

From filing the will to handling court requirements and estate administration, we help families and personal representatives across Sarasota move through probate with practical legal guidance, steady communication, and support at every stage.

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Helping Families in Sarasota Handle Probate With Clarity and Care

Probate in Sarasota can begin before the family feels ready. The will may need to be deposited, a personal representative appointed, creditors notified, and homestead issues addressed.

The 12th Judicial Circuit expects the file to be complete. Missing petitions, notices, checklists, or proposed orders can quickly slow the case down.

Sarasota estates often bring added issues. Out-of-state owners may leave Lido or Siesta Key property, blended families may dispute a will, and trust-heavy estates can lead to beneficiary conflicts.

Hurricane Milton added new probate problems, including deceased-owner damage claims, post-death insurance proceeds, and questions about repair, sale, or rebuild authority.

Allie R.B. Castellano leads probate at Buckman, Buckman & Castellano, P.A. She has argued at the Florida Appellate Court and works directly with Sarasota families through the court process.

Local Counsel for Sarasota and Nearby Communities

Buckman, Buckman & Castellano, P.A. serves probate families throughout Sarasota, including Downtown Sarasota, the Rosemary District, Southside Village, Siesta Key, Lido Key, Bird Key, and the bayfront condo corridor.

We also help families in Osprey, Lakewood Ranch, Venice, and nearby Sarasota County communities when a probate file, trust matter, or estate dispute needs local court handling.

Sarasota probate matters are filed through the 12th Judicial Circuit at the Judge Lynn N. Silvertooth Judicial Center on Ringling Boulevard. Recording issues are handled through Karen E. Rushing’s Clerk’s Office.

Because we work with Sarasota estates regularly, we understand the local issues that often appear here, including second homes, condo property, out-of-state heirs, trust administration, and homestead questions.

Allie R.B. Castellano focuses on Florida probate and estate planning at Buckman, Buckman & Castellano, P.A. She works directly with Sarasota families from the first probate filing through the final court steps.

Talk with Allie Castellano about what needs attention first and how the probate process moves forward from here.

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What Makes Probate Different in Sarasota County

Sarasota probate often involves more than a standard estate file. Second homes, waterfront property, blended families, trusts, and storm-related property issues can change what the court needs before the estate can close.

  • Ancillary probate when an out-of-state decedent owned Siesta Key or Lido Key property.
  • Will contests involving blended families or later-life estate plan changes.
  • Homestead determination petitions on high-value Sarasota waterfront and bayfront property.
  • Trust contests over revocable trusts in Sarasota’s trust-heavy retiree market.
  • Personal representative disputes among adult children of high-net-worth Sarasota retirees.
  • Hurricane Milton deceased-owner damage claims and insurance proceeds entering open files.

The same estate value in a different county may never give rise to any of these issues. In Sarasota, several at once is the norm, and the 12th Judicial Circuit expects each one to be handled cleanly before it will sign the order closing the file and discharging the personal representative from duty.

Procedural Steps in Every Sarasota Probate File

  • Deposit the original will within ten days.
  • Petition for administration in Sarasota.
  • Letters of Administration for the personal representative.
  • Notice to creditors and ninety-day claim window.
  • Inventory of probate and exempt assets.
  • Homestead determination petition, where applicable.
  • Final accounting, distribution, and discharge.

These seven steps usually move in order. The 12th Circuit will not push a file forward if a required filing, notice, deadline, or statutory step is missing.

Two steps create the most trouble for Sarasota families. The ten-day deposit rule under §732.901 often catches out-of-town children off guard. Chapter 734 ancillary administration can also be required when a snowbird descendant owns a Lido condo or other Sarasota property in their individual name.

The First Step in Sarasota Probate Administration

Most families should start by confirming whether probate is actually required. Some assets pass outside probate through beneficiary designations, joint ownership, or a trust. Others may need court authority before anyone can collect, sell, transfer, or distribute them.

The first useful step is gathering the basic documents: the original will, death certificate, deed records, account statements, vehicle titles, creditor notices, and any trust or beneficiary paperwork. These documents help determine whether the estate should be administered under formal, summary, or ancillary probate, or under another procedure.

Sarasota probate filings are handled through the 12th Judicial Circuit. If a court case is needed, the personal representative cannot act freely until the court issues authority, usually through Letters of Administration.

How We Handle Your Sarasota Probate Matter

Our attorney reviews the estate structure first, not just the will. We look at titled property, exempt assets, creditor issues, homestead, beneficiary conflicts, and whether any trust or out-of-state ownership issue changes the filing strategy.

After that review, our office prepares the court filings, manages required notices, responds to the Clerk’s or the court’s requirements, and keeps the personal representative informed about what can be done before and after Letters of Administration are issued.

If the file involves Sarasota real estate, contested beneficiaries, creditor objections, trust disputes, or questions about the personal representative’s authority, those issues are handled as part of the probate matter rather than treated as separate paperwork problems.

The goal is to move the estate toward proper accounting, distribution, and discharge while reducing avoidable delays, missed requirements, and confusion among personal representatives.

Sarasota Matters We’ve Recently Handled

  • Case results

    $1.6 Million

    Will Contest

  • Case results

    $1.175 Million

    Fiduciary Breach

  • Case results

    $300,000

    Trustee Fraud

  • Case results

    $260,000

    Trust Recovery

Past results do not guarantee a similar outcome. Each case turns on its own facts

Probate in Sarasota County, By the Numbers

Sarasota’s probate volume is tied closely to age, property ownership, and estate planning. With nearly 29 percent of city residents age 65 or older, many families eventually deal with wills, trusts, deeds, beneficiary accounts, and court authority.

Florida separates smaller estates from larger court-supervised files. Under Florida Statute §735.201, summary administration may apply when non-exempt probate assets are $75,000 or less, or when the decedent has been dead for more than two years.

That threshold matters in Sarasota because even a modest estate can require formal administration when real property, creditor claims, disputed beneficiaries, or incomplete planning are involved.

The numbers alone do not decide the case. They help show why early review matters before a family assumes the estate is simple, summary-eligible, or ready for distribution.

Sources: Sarasota County Clerk of the Circuit Court; U.S. Census ACS 2024; 12th Judicial Circuit Probate Division; Florida Statute §735.201.

Statistics 2022

Residents 65+

29%

Summary Estate Limit

$75,000

Judicial Probate Circuit

12th

What Our Sarasota Clients Say

My highest recommendation and gratitude to the firm of Buckman, Buckman & Castellano, P.A. Their generous reliability and core knowledge is truly valuable. Complex legal issues are strategically and efficiently handled. Communication was always prompt, and always my needs were a priority. Competency in cost-benefit analysis resulted in my receiving appropriate compensation. During the procedure, I experienced the highest ethical standards. This firm is truly superior in all regards.

The whole firm fought like hell for me and my family in Court. I highly recommend them.

Our experience with Buckman, Buckman & Castellano, P.A. is very positive. They handled all the unexpected annoyances – the E-mails, letters and phone calls that resulted from a relatively minor accident. We are satisfied with our result.

“Drake, Amiee and Nancy were very instrumental in helping me get through a very difficult time in my life. They were very warm and responsive to all my needs at any time. I would highly recommend this team of professionals in any legal matters.

I would highly recommend Drake Buckman to represent myself and any of my loved ones. From the initial contact, Drake always had my best interest, health and welfare as a priority. His friendly, personable manner gave me comfort and confidence from the start of my legal pursuit. Drake Buckman was thorough the entire duration of my case achieving success on my behalf

I found Amiee Buckman to be very attentive, thorough, professional, and very prompt in responding to my needs. I was impressed with not only her professionalism and expertise, but also with her sincerity and honesty. I would highly recommend Amiee Buckman and the firm of Buckman, Buckman & Castellano, P.A. to anyone that needed services in the area of law.

Buckman, Buckman & Castellano, P.A. has provided outstanding legal representation for us in the area of Estate Planning and Elder Care. Helped us through a difficult situation with a loved one that resulted in a successful outcome.

I am a client of the Buckman, Buckman & Castellano, P.A. law firm which I use for all my corporate and personal matters. Amiee has a personal hands on approach with attention to details and emphasis on communication. It is with great confidence I recommend her and the entire staff at this firm.

Drake is a conscientious person and a knowledgeable attorney. He’s a great counselor to have working for you. His costs are reasonable; and he will tell you the truth whether that’s what you want to hear or not. He’s experienced in writing Wills and setting up trusts and estates. I highly recommend him.

Mr. Buckman is a highly-skilled Professional who expedited my case efficiently and effectively. He was ethical, knowledgeable, patient and thorough from start to finish. I could not have asked for anything more!

Filing mistakes can delay probate for months. Speak with a Sarasota probate attorney about the next steps.

Talk With Allie

  • Formal Administration

  • Summary Administration

  • Ancillary Probate

  • Trust Administration & Contests

Meet Allie R.B. Castellano

Allie R.B. Castellano leads probate matters at Buckman, Buckman & Castellano, P.A. Her work includes estate administration, will contests, trust disputes, fiduciary issues, and probate litigation for Sarasota families.

She has argued before the Florida Appellate Court in matters involving the right to direct an estate plan. That experience is important when a probate file involves contested documents, beneficiary disputes, or questions about a personal representative’s authority.

From the first filing through final accounting, distribution, and discharge, she remains focused on moving the matter forward with accuracy and care.

Allie R.B. Castellano, Sarasota estate planning attorney, outside a Sarasota courthouse building

Allie R.B. Castellano

Partner

The probate that goes smoothly is the one where the family knows what is coming next, the file is in order, and the attorney has handled this exact sequence a hundred times before.

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Our Practice Areas

Revocable living trust icon

Revocable Living Trust

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Durable Power of Attorney

Power of attorney icon

Power of Attorney

Business law icon

Business Lawyer

Simple will icon

Simple Will

Property deeds and transfers icon

Property Deeds and Transfers

Succession planning icon

Succession Planning

Estate planning icon

Estate Planning

Probate icon

Probate

Beneficiary rights icon

Beneficiary Rights

Common Questions About Sarasota Probate Administration

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How long does formal administration take in the 12th Circuit Sarasota probate division?

Most formal administration cases in Sarasota take around six to twelve months. Delays are common when there are creditor claims, will contests, missing heirs, or out-of-state property. Estates that qualify for summary administration under Florida Statute §735.201 usually proceed.

Where are Sarasota probate cases handled?

Probate matters are handled through the 12th Judicial Circuit’s Probate Division at the Judge Lynn N. Silvertooth Judicial Center on Ringling Boulevard. Probate dockets and filings can be searched through the Karen E. Rushing Clerk’s Office.

Do I need ancillary probate if my parent owned a Lido Key condo?

Usually yes. If the deceased lived outside Florida but owned Sarasota property individually, Florida Chapter 734 generally requires ancillary probate to transfer title. Revocable trusts and Lady Bird deeds can sometimes avoid the need for ancillary administration.

Can I sell my mother’s Sarasota house before probate closes here?

Usually not without authority from the probate court. The personal representative typically needs Letters of Administration and, in some cases, court approval before selling estate property. Florida homestead property may follow separate rules under Article X §4.

What is the Sarasota County 12th Circuit probate checklist requirement?

The 12th Judicial Circuit requires probate checklists and supporting filings before proposed orders are signed. CS/HB 923, effective January 1, 2025, also requires orders admitting wills to be recorded in Sarasota County land records.