Florida Probate Lawyers

Probate is the court-supervised legal process of administering a deceased person’s estate. This includes identifying and gathering assets, paying valid debts and taxes, and distributing the remaining property to beneficiaries or heirs. Probate ensures that assets are transferred legally and that creditors have an opportunity to make claims against the estate. In Florida, probate is required when assets are held solely in the decedent’s name without a designated beneficiary or survivorship feature.

Probate is generally required if the deceased person owned assets in their individual name only. Common examples include real estate, bank accounts, or investment accounts without a payable-on-death designation. If assets are jointly owned with rights of survivorship or have named beneficiaries, such as life insurance or retirement accounts, they usually pass outside of probate and may not require court involvement.

No, a will does not avoid probate. Instead, it directs how the estate should be handled during the probate process. The court must still validate the will and oversee the administration of the estate. However, having a valid will can make the process smoother and reduce the likelihood of disputes compared to dying without one.

If a person dies without a will, their estate is distributed according to Florida’s intestacy laws. Typically, assets pass to the closest relatives, such as a surviving spouse and children. The exact distribution depends on the family structure—for example, whether all children are shared between spouses or from different relationships. The court will also appoint a personal representative to manage the estate.

The timeline depends on the type and complexity of the estate. Summary administration for smaller or qualifying estates can take a few months. Formal administration, which is more common, usually takes between 6 and 12 months. Factors such as creditor claims, disputes, missing beneficiaries, or complex assets can extend the process.

Florida primarily has two types of probate:
– Summary Administration: A simplified process available for estates valued at $75,000 or less (excluding exempt property), or when the decedent has been deceased for more than two years. The asset limit for summary administration will double to $150,000 in July 2026.
– Formal Administration: The standard probate process used for larger or more complex estates, requiring the appointment of a personal representative.

The appropriate type depends on the estate’s value, structure, and circumstances.

Probate costs vary depending on the complexity of the estate, but generally include court filing fees, attorney’s fees, and administrative expenses. Many Florida law firms charge a percentage of the estate and/or bill by the hour. Florida Probate Law Group offers flat-fee probate services for predictable, uncontested cases, providing greater cost transparency and avoiding unexpected hourly billing.

In most cases, yes. Florida law generally requires that a personal representative be represented by a licensed attorney. While there are limited exceptions (such as very small estates in summary administration), working with an experienced probate lawyer helps ensure compliance with court rules, reduces delays, and minimizes the risk of costly errors.

A personal representative (also known as an executor) is responsible for managing the estate throughout probate. Their duties include locating and securing assets, notifying creditors, paying valid debts and taxes, and distributing the remaining assets to beneficiaries. They also ensure that all legal requirements are met and may be held accountable to the court and beneficiaries.

Assets that are solely owned by the deceased and do not have a designated beneficiary generally go through probate. This includes real estate titled only in the decedent’s name, personal belongings, and financial accounts without transfer-on-death or payable-on-death designations.

Assets that pass automatically to another person without court involvement typically avoid probate. These include jointly owned property with rights of survivorship, life insurance proceeds with named beneficiaries, retirement accounts, payable-on-death bank accounts, and assets held in a living trust.

Ancillary probate is required when a person who lived outside Florida owned property within the state, such as real estate. In this situation, a separate probate proceeding must be opened in Florida to transfer ownership of that property, even if probate is already taking place in another state.

During formal probate administration, creditors are given a limited window of time to file claims against the estate. Valid debts must be paid from estate assets before any distributions are made to beneficiaries. If the estate does not have enough assets to cover all debts, Florida law determines the priority of payments.

Yes, probate cases are generally part of the public record in Florida. This means that documents filed with the court, including the will and details about the estate, may be accessible to the public unless specifically sealed by the court under limited circumstances.

Probate can be minimized or avoided through proper estate planning. Tools such as revocable living trusts, Ladybird Deeds, joint ownership, and beneficiary designations allow assets to pass directly to heirs without court involvement. However, not all estates can avoid probate entirely, especially if assets were not structured accordingly before death.