Florida Probate Lawyers

Our firm’s mission is to get our clients through the probate or guardianship process efficiently with minimal stress. We take pride in providing clear legal advice as well as practical insight so our clients can move forward with confidence when settling the affairs of loved ones. Our Florida probate attorneys will understand your goals, explain your options, and outline a plan to successfully resolve your case. Best of all, our firm charges flat fees for probate and guardianship administration, so there will be no surprises when it comes to legal fees.

A probate lawyer at our firm would be happy to discuss your legal case free of charge. Call Florida Probate Law Group today at (352) 354-2654 to schedule a free appointment with an attorney, or click here to contact us electronically.

Probate is the legal process of transferring the ownership of a person’s assets after they die. If someone executed a will while they were alive, that document will determine who receives their property during probate. If a person did not have a will, their spouse and/or closest relatives will be entitled to their property. In Florida there are two different types of probate administration - summary administration and formal administration. Summary probate administration is used for smaller estates, and is a faster and less expensive process. Formal estate administration is used for larger estates and estates that will require a “personal representative” to act on behalf of the estate. Our Florida probate lawyers administer both small and large estates in every Florida county.

Florida Probate Law Group provides superior service because founding partner R. Nadine David previously worked in the judicial system as a probate court staff attorney. In this role Mrs. David advised Florida circuit court judges regarding complex probate and guardianship issues arising in their courts. Mrs. David was a trusted advisor to multiple Florida probate judges and honed her legal skills in this position prior to entering private practice. This valuable experience allows attorney David to analyze every Florida probate case from the judge’s point of view and set our firm’s clients up for success.

Click here for our Complete Guide to Florida Probate to learn everything you need to know about the probate process in Florida.

Guardianship is required when a person does not have the ability to care for themselves, and a court must appoint a responsible party to manage their affairs. Guardianship powers are often needed for elderly parents and adults with disabilities. Children who receive more than fifteen thousand dollars through a legal settlement or inheritance also need a guardian appointed to safeguard their funds.

For Floridians who lose mental capacity due to old age, disease, or injury, Florida law provides for “incapacity guardianship.” Incapacity guardianship involves the appointment of a committee of three medical professionals to examine the alleged incapacitated person (also referred to as the “proposed ward.”) The court will review the reports of the examining committee and consult with an Attorney ad Litem (sometimes referred to as a “Guardian Ad Litem”) who is appointed to represent the interests of the ward. When the court is satisfied that the guardianship will benefit the ward, they will issue “Letters of Guardianship.” In emergency situations, guardianship powers can be secured prior to the completion of medical examinations.

For Floridians with developmental disabilities a streamlined guardianship process, called “guardian advocacy,” is available, Guardian advocacy does not require the appointment of an examining committee. Guardianships can also be established for minor children in certain circumstances. For children receiving settlements and inheritances, credit and background checks must be completed by the proposed guardian. Funds held in guardianship must be reported to the court each year, and can only be accessed by court order.

While a family member can often act as a guardian, our firm works with a network of professional guardians across the state who are available to assist with guardianship administrations. These professionals can act as guardians when circumstances do not allow a family member to do so, or when a family would prefer the convenience of using a professional guardian.

Our Florida attorneys handle guardianship matters statewide and have experience in both minor and adult guardianship administration. Click here to learn more about the guardianship process in Florida.

Our Florida probate attorneys are proud to work with plaintiffs' firms across the state to facilitate wrongful death and child injury settlements. When a person dies in an accident, their estate must be administered so that a personal representative can sue the person who caused the death. When a child receives a significant injury settlement, Florida requires court approval and guardianship to safeguard the minor’s interest. Wrongful death probate administration and child injury guardianship administration require specific expertise to ensure the compliance of the settlement allocation and protect the lawyers securing the settlement. Handling hundreds of wrongful death estates and child injury guardianships has provided our probate attorneys with unparalleled insight into these matters, and our ongoing relationships with prestigious injury firms across the state speak to the value that we bring to the table.

Due to our firm's extensive experience administering settlement-related estates and guardianships, a lawyer at Florida Probate Law Group is uniquely equipped to ensure the compliance of wrongful death and child injury settlements. A fully complaint settlement protects the injury firm, defense firm, insurance carrier, and injury client by providing certainty that the negotiated release is binding on all parties, and cannot be undermined in the future for any reason.

Whether resolving a small child injury case or a multi-million dollar death claim, Florida Probate Law Group provides plaintiffs’ firms with the peace of mind that their settlements are fully binding and totally compliant with probate and guardianship rules. Our firm works on a flat fee basis billing at settlement on wrongful death and child injury cases.

Click here to access our resources and flowcharts for injury lawyers.