Florida Probate Attorney
Settling a loved one's estate can involve court filings, debts, property, and deadlines, often while your family is still grieving. We help personal representatives understand their responsibilities and guide them through each legal and practical step of Florida probate.
Helping personal representatives fulfill their duties
Serving as a personal representative can involve significant legal and financial responsibilities. Managing them can be especially difficult while you're grieving and helping your family adjust to the loss.
We guide you through the requirements of estate administration so you understand what needs to happen at each stage. That can include preparing and filing probate documents, locating and filing the will, identifying the notices that must be given, communicating with creditors and beneficiaries, and addressing other matters that arise along the way.
Our role goes beyond paperwork. We help you meet important deadlines and address legal issues that could delay the proceedings or create problems for the estate, so you have more time to focus on your family.
What is probate?
Probate is the court-supervised process for administering certain assets and obligations after someone dies. It includes identifying and gathering probate assets, addressing valid debts and creditor claims, paying applicable expenses and taxes, and distributing the remaining property to beneficiaries or heirs.
Probate involves more than reading or filing a will. During the process, the court recognizes the will, appoints a personal representative, oversees matters that require court involvement, and authorizes the closing of the estate.
Does a will avoid probate?
Having a will does not automatically keep an estate out of probate. Depending on what the decedent owned and how those assets were titled, some or all of the estate may still require probate administration.
The will generally provides instructions for property that passes through the estate and may nominate a personal representative. The court then determines whether the will is valid for probate and formally appoints the personal representative. Because some property transfers outside probate entirely, whether probate is required depends on the circumstances of the estate, not simply on whether a will exists.
What happens if there is no valid will?
A person who dies without a valid will is considered to have died intestate. Probate may still proceed, but instead of following a will, Florida's intestate succession laws determine which heirs are entitled to inherit.
Who inherits depends on the decedent's surviving family relationships. A surviving spouse and descendants are often central to that determination, but the distribution can vary considerably. Dying without a will does not mean the state automatically takes the estate. Property passes to the state only in the unusual situation where no legally entitled heir can be identified.
When the decedent lived outside Florida
If your loved one lived in another state but owned property in Florida, such as real estate, a separate Florida proceeding known as ancillary administration may be needed to transfer that property, even when probate is already open in their home state.
The Florida probate process, step by step
Every estate is different, and the exact steps depend on the assets, the family, and the type of administration. Most probate matters, however, follow this general path.
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Review the estate
The first step is understanding what the decedent owned, how each asset was titled, and whether any property passes outside probate. This review shows whether probate is required and which form of administration may apply.
How we help: We review the will, if there is one, along with the assets and family circumstances, then explain the path forward in plain terms.
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Open the estate and appoint a personal representative
Probate begins with filings in the appropriate Florida circuit court. The court determines whether the will is valid for probate and formally appoints the personal representative. Until that appointment, the nominated person does not yet have authority to act on behalf of the estate.
How we help: We prepare and file the necessary documents, including the will, so the administration can begin.
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Provide required notices
Beneficiaries, heirs, and creditors must be notified as Florida law requires. Notice to creditors begins a claim period that must pass before the administration can be completed.
How we help: We identify which notices are required and help make sure they are given correctly and on time.
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Gather, value, and protect assets
The personal representative identifies and secures probate assets, determines their value, and maintains them throughout the administration. This commonly includes keeping estate funds in a dedicated estate account, separate from personal finances.
How we help: We help you document the estate's property and set up sound recordkeeping from the start.
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Resolve claims, expenses, and taxes
Valid debts and appropriate estate expenses are paid from estate assets, and applicable tax matters are addressed. When a claim is improper, the estate may need to defend against it.
How we help: We evaluate creditor claims, advise on which obligations should be paid, and respond to claims that shouldn't be.
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Distribute property and close the estate
Once obligations are resolved, the remaining property is distributed to the beneficiaries or heirs. The personal representative then completes the final steps, and the court authorizes the closing of the estate.
How we help: We guide the final distribution and the filings needed to bring the administration to a proper close.
Formal and summary administration
Florida offers more than one form of probate administration. Determining which one applies is an important early step, because it shapes the procedure, the timeline, and the cost.
| Topic | Formal administration | Summary administration |
|---|---|---|
| What it is | Florida's traditional probate process. | A more streamlined alternative for qualifying estates. |
| Who administers it | A personal representative appointed by the court. | Handled through a simplified court process when Florida's requirements are met. |
| Eligibility | Available for estates generally, including larger or more complex estates. | Depends on Florida's requirements, including an asset-value threshold that increased in 2026. |
| Typical pace | Approximately nine to twelve months in a relatively straightforward case. | Generally faster for estates that qualify. |
What does a personal representative do?
If the decedent left a valid will, it may nominate the person they wanted in this role. When there is no valid will, the court appoints a qualified personal representative under Florida law, which may be a surviving spouse, another family member, or another qualified individual or institution.
A personal representative acts in a position of trust and must carry out their responsibilities carefully. Depending on the estate, those duties may include:
- Locating the will and ensuring it is properly filed
- Identifying, gathering, valuing, and protecting probate assets
- Identifying heirs and beneficiaries
- Providing required notices
- Notifying creditors and addressing valid claims
- Defending the estate against improper claims
- Paying appropriate estate expenses and debts
- Addressing applicable tax matters
- Maintaining and accounting for estate assets
- Distributing remaining assets to beneficiaries or heirs
- Completing the steps needed to close the estate
Which assets may avoid probate?
Not everything a person owns becomes part of the probate estate. Some property transfers directly to another person because of a beneficiary designation, the way it was titled, or an arrangement made during the decedent's lifetime. Separating probate assets from non-probate property is one of the first things we help a personal representative do.
Accounts with named beneficiaries
Life insurance policies, retirement accounts, annuities, and financial accounts with valid payable-on-death or transfer-on-death designations can often pass directly to the named beneficiary. Whether an asset avoids probate depends on the ownership and beneficiary information in effect at the time of death.
Jointly owned property with survivorship rights
When property is properly titled with a right of survivorship, the surviving owner may receive the deceased owner's interest outside of probate. Florida also recognizes tenancy by the entirety for qualifying property owned by married couples. Reviewing the title records shows how ownership transfers.
Assets held in a living trust
Property properly transferred to a revocable living trust generally does not become a probate asset when the trust's creator dies. Instead, the successor trustee manages and distributes it according to the trust's terms.
Probate administration
Concerns assets and obligations handled through the decedent's probate estate, under the supervision of the court and administered by a personal representative.
Trust administration
Involves managing and distributing property held in an existing trust after the trust creator's death, carried out by a successor trustee according to the trust's terms.
An estate can include both probate and non-probate property, and a family may need to handle probate and trust administration at the same time. Many of these distinctions are established before death through estate planning decisions, while probate focuses on administering what remains after a person dies.
Probate costs and timeline
The cost and length of probate depend on the estate and the type of administration it requires. Understanding both early helps families plan with fewer surprises.
What probate may cost
Probate expenses may include:
- Attorney fees
- Court filing fees
- Costs of administering the estate
- Compensation for the personal representative
Some estates also need property appraisals, professional services, help locating assets or beneficiaries, or tax preparation. Many properly incurred probate expenses can be paid from estate assets rather than from the personal representative's own funds.
Because a personal representative has fiduciary responsibilities to the estate and its beneficiaries, estate finances must be handled carefully. That means maintaining an estate account, keeping estate funds separate, documenting transactions, and paying valid expenses properly. Mistakes can create complications and, in some circumstances, personal liability.
No upfront legal fees for select clients
For select clients, we offer probate services that allow the administration to begin without upfront legal fees. Eligible attorney fees and certain court costs may instead be paid from the estate as it is administered. We'll explain whether this arrangement is available for your situation.
How long probate takes
A Florida formal administration may take approximately nine to twelve months in a relatively straightforward case, while some estates require more time. Summary administration can offer a faster, more streamlined path for estates that qualify. Florida increased the asset-value threshold associated with summary administration in 2026, so it's important to confirm which process applies under current law.
Several factors can affect the timeline:
- Identifying and valuing estate assets
- The creditor claim period and any disputed claims
- Resolving tax matters
- Selling property when necessary
- Disagreements among beneficiaries or heirs
No attorney can guarantee how long a probate proceeding will take, but handling filings, creditor issues, and estate property promptly helps prevent unnecessary delays.
Frequently asked questions about Florida probate
Do I need probate if my loved one had a will?
Possibly. A will does not automatically avoid probate. Assets owned individually by the decedent may still require probate administration if they don't transfer through a beneficiary designation, survivorship rights, a trust, or another method.
What is the difference between formal and summary administration?
Formal administration is Florida's traditional probate process, while summary administration provides a more streamlined process for qualifying estates. Florida changed the asset-value requirement for summary administration in 2026, so a probate attorney can help determine which process applies under current law.
What does a personal representative do during probate?
A personal representative administers the probate estate. Responsibilities may include gathering and protecting assets, notifying creditors and beneficiaries, paying valid expenses and debts, maintaining estate records, and distributing property. A probate attorney can help the personal representative understand and fulfill these duties.
What happens if someone dies without a will in Florida?
Someone who dies without a valid will is considered intestate. Probate may still be required, but Florida's intestate succession laws determine who inherits probate property based on the decedent's surviving family relationships.
Which assets go through probate?
Generally, assets owned solely in the decedent's name without a beneficiary designation or survivorship feature. Property that passes by beneficiary designation, joint ownership with survivorship rights, or a trust can often transfer outside probate.
What happens to the decedent's debts?
Creditors are notified and given an opportunity to present claims against the estate. Valid debts are paid from estate assets before property is distributed to beneficiaries, and the personal representative may need to object to claims that are improper.
How long does probate take in Florida?
A relatively straightforward formal administration often takes approximately nine to twelve months, and some estates take longer. Summary administration can be faster for estates that qualify. Creditor claims, disputes, property sales, and tax matters can all affect the timeline.
What does probate cost, and who pays?
Costs vary with the estate and may include attorney fees, court filing fees, administration costs, and compensation for the personal representative. Many properly incurred expenses can be paid from the estate rather than from the personal representative's own funds, and for select clients the administration can begin without upfront legal fees.
What if my loved one lived outside Florida but owned property here?
A separate Florida proceeding, known as ancillary administration, may be needed to transfer Florida property such as real estate, even if probate is already open in the decedent's home state.
Are probate proceedings public?
Probate is a court process, and filings in a probate case are generally part of the public court record. An attorney can explain what information is filed and how sensitive details are handled.
What happens to a trust after someone dies?
Assets properly held in a trust generally do not become part of the probate estate. Instead, a successor trustee manages and distributes the trust property according to its terms. A family may need to address both trust administration and probate after a death.
What is the difference between probate and estate planning?
Estate planning generally takes place during a person's lifetime and establishes how they want financial, healthcare, and family matters handled. Probate takes place after death and involves administering certain assets and obligations of the estate.
Move forward with the right guidance
Whether the estate is straightforward or involves creditor claims, property issues, or disagreements, we can help you understand each stage and what comes next.