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Florida Probate Attorneys For Grieving Families
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What Does A Probate Attorney Do?
A probate attorney guides families through the legal process of settling a person’s estate after they pass away. Their role is part legal advisor, part navigator, and part peacemaker — helping personal representatives (executors) fulfill their duties, protecting beneficiaries, resolving creditor claims, and making sure assets pass to the right people under Florida law.
The first job is identifying which type of administration applies. Florida offers formal administration for larger estates, summary administration for estates under $75,000 or where the decedent has been deceased for more than two years, and disposition without administration for very small estates consisting mostly of exempt property and final expenses. The attorney reviews the will (or determines intestate succession if there is none), the assets, and the debts, and then recommends the right path.
Common tasks include petitioning the court to open probate, obtaining Letters of Administration that empower the personal representative to act, publishing notice to creditors, inventorying assets, valuing real estate and business interests, filing final personal and estate tax returns, paying valid claims, and eventually distributing the remainder to beneficiaries under the will or Florida intestacy law.
Probate attorneys also handle contested matters. Will contests may allege lack of capacity, undue influence, fraud, or improper execution. Trust and estate disputes can arise over the interpretation of ambiguous language, the actions of a fiduciary, or claims of breach of duty. Homestead-property disputes and elective-share claims by surviving spouses are especially common in Florida and require careful, timely handling.
A significant part of the work is protecting the personal representative personally. An executor who distributes assets before paying creditors, or who fails to file the required accountings, can be held personally liable. An attorney ensures every deadline is met, every notice is filed, and every distribution is documented so the estate closes cleanly with an order of discharge.
Estate planning often runs alongside probate work — revocable living trusts, pour-over wills, durable powers of attorney, healthcare surrogate designations, HIPAA authorizations, and enhanced life estate (‘Lady Bird’) deeds are used to reduce or avoid probate entirely. Probate attorneys also administer trusts after a settlor’s death, wind up businesses, and handle guardianships when a beneficiary is a minor or incapacitated adult.
LegalNow247 is a legal concierge and does not provide estate or probate advice. We connect Florida families with independent probate and estate attorneys who handle summary and formal administration, will contests, trust administration, and estate planning updates. The concierge call is free and confidential.
Probate is a court process, not a race — but the deadlines are real. Missing a creditor bar or an elective-share window can permanently change who inherits and who pays.
Immigration by the numbers
$75K
Florida threshold for summary administration
3 mo
creditor claim window after notice publication
6–12 mo
typical formal probate timeline
10 days
to deposit the original will with the clerk after death
Common Probate Situations We Help With
From First Call To Case Resolution
Contact LegalNow247
Tell us in a few sentences what happened and where.
Describe the estate
Assets, will or no will, and any known disputes.
Get matched with a probate attorney
By county and case type (summary, formal, or contested).
Free consultation
The attorney explains fees, timeline, and next filings.
Attorney manages the probate
Filings, notices, creditor claims, and final distribution.
Timeline, Costs & What Probate Cases Actually Look Like
Typical timeline
Costs & fees
Documents to gather
- ✓ Passports and any prior U.S. visas or entry stamps
- ✓ Certified copy of the death certificate (multiple)
- ✓ Complete asset list: accounts, deeds, titles, life insurance, retirement
- ✓ Beneficiary and heir contact information
- ✓ Recent bills, loan statements, and known creditor demands
- ✓ Trust documents if a revocable or irrevocable trust exists
Common mistakes to avoid
- ✘ Distributing assets to family before creditors are paid
- ✘ Failing to open probate for real estate — title cannot be cleared without it
- ✘Ignoring the 10-day rule to deposit the original will with the clerk
- ✘ Treating jointly-titled or beneficiary-designated accounts as probate assets
- ✘ Missing the elective share or family-allowance deadlines for a surviving spouse
Signs You Should Speak With A Probate Attorney
- ✓ The person who passed owned Florida real estate, a car in their name only, or an account over $75,000
- ✓ You’ve been named executor / personal representative
- ✓ There’s disagreement about a will’s validity or asset distribution
- ✓ A creditor is making claims against the estate
When to seek help
- A loved one has passed away leaving property, bank accounts, or a home in Florida
- You've been named executor or personal representative
- You believe a will is invalid or was signed under undue influence
- There's a dispute among heirs or beneficiaries
- You're considering a trust to avoid probate for your own family
- Free & confidential
Request A Probate Consultation
Probate Questions People Actually Ask
Do I need an attorney for probate in Florida?
In most formal administrations, Florida law requires representation by a licensed attorney. We can connect you with one who handles probate exclusively.
How long does probate take?
Summary administration can take 2-4 months; formal administration typically runs 6-12 months or longer depending on complexity.
How much does probate cost?
Attorney fees are often based on the estate’s value under Florida’s statutory schedule, or on a flat/hourly basis for simpler estates. Ordinary services in a $500,000 estate run around $15,000.
What is summary administration?
A shortened process for estates under $75,000 (excluding exempt property) or when the decedent has been deceased more than 2 years.
What if there is no will?
Florida’s intestacy statutes decide who inherits — usually the spouse and children. An attorney can walk you through the specific shares.
Do all assets go through probate?
No. Jointly-owned property, POD/TOD accounts, life insurance, retirement accounts with beneficiaries, and trust assets typically avoid probate.
Can I contest a will?
Yes, on grounds like lack of capacity, undue influence, fraud, or improper execution. Florida has a short window — usually 90 days after a Notice of Administration.
What does a personal representative do?
Marshals assets, notifies creditors, pays valid debts and taxes, files inventories and accountings, and distributes what’s left to beneficiaries.
Can a personal representative be paid?
Yes. Florida allows a reasonable fee, often calculated on the estate’s value under a statutory schedule.
What is homestead property?
The decedent’s primary Florida residence, which enjoys creditor protection and special distribution rules — often bypassing probate for spouses and minor children.
Do I need to probate if there's a trust?
Trust assets avoid probate, but a small pour-over will still often needs probate for any assets outside the trust.
How are creditors handled?
The estate publishes a Notice to Creditors; creditors have 3 months from publication (or 30 days from direct notice) to file claims.
What if the executor won't communicate?
Beneficiaries can petition the court to compel accounting or, in serious cases, remove the personal representative.
Do I need probate for an out-of-state relative?
If they owned Florida property, yes — this is called ancillary probate. An attorney handles it alongside the main probate in the other state.
What about digital assets and passwords?
Florida’s Fiduciary Access to Digital Assets Act lets executors access many digital accounts with proper authority.
Can probate be avoided in the future?
Yes — with a properly funded revocable trust, joint titling, and updated beneficiary designations. Estate planning is far cheaper than probate.
Do all estates in Florida have to go through probate?
No. Jointly-owned assets, retirement accounts and life insurance with living beneficiaries, and assets held in a properly funded revocable trust generally bypass probate.
What is Florida's elective share?
A surviving spouse is entitled to 30% of the elective estate regardless of the will. The election has strict deadlines and requires careful calculation.
Who inherits when there is no will?
Florida intestacy statutes determine heirs — starting with spouses and descendants, then parents, siblings, and more distant relatives. An attorney can chart the exact distribution.
Do I need a Florida attorney if the deceased lived out of state?
Yes, whenever real property in Florida is involved. Ancillary administration is often required to transfer title.
How is homestead property handled?
Florida homestead has unique constitutional protections and separate rules of descent. It is often not part of the probate estate for creditor purposes but still may require a court order to pass title.
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Educational Guides On Probate Law
Summary vs. Formal Administration In Florida
Which one fits your estate and how long each takes.
How To Avoid Probate
Trusts, joint titling, beneficiary designations, and lady bird deeds.
Contesting A Florida Will
Grounds, deadlines, and how challenges actually work.
Duties Of A Personal Representative
What Florida requires from executors — and personal liability risks.
Probate Attorneys Across Florida
What Probate Clients Say
Sharon W.
West Palm Beach · Formal administration
Aaron F.
Jacksonville · Will contest
Cynthia B.
Naples · Summary administration