Losing a loved one is already an emotional and difficult experience, but dealing with the legal process of settling their estate can add even more stress. If your loved one left behind property, bank accounts, or other assets, their estate may have to go through probate court before anything can be distributed to heirs. Unfortunately, many families are unfamiliar with probate and find themselves overwhelmed by legal paperwork, deadlines, and disputes.
At Elderly Care Law Firm, we help families navigate the Florida probate process, ensuring estates are settled as quickly and efficiently as possible. Whether you are the personal representative of an estate or a family member concerned about your inheritance, we provide legal guidance every step of the way.
What is Probate?
Probate is the court-supervised process of distributing a deceased person’s assets, paying their debts, and ensuring that their final wishes are carried out. If the person had a valid will, the court ensures the will is followed. If there was no will, the court applies Florida’s intestate succession laws to determine who inherits.
The probate process can take months or even years, depending on the complexity of the estate and whether disputes arise.
When is Probate Required in Florida?
Probate is usually required in Florida if:
- The deceased person owned property solely in their name (such as a house or bank account).
- There are debts that need to be paid before assets can be distributed.
- The estate value exceeds $75,000, requiring formal probate.
- There is no trust or other legal arrangement to transfer assets automatically.
Certain assets do not have to go through probate, including:
- Jointly owned property with a right of survivorship
- Bank accounts with named beneficiaries (Payable on Death accounts)
- Retirement accounts or life insurance policies with a designated beneficiary
- Assets held in a properly structured trust
Types of Probate in Florida
Florida has different probate processes depending on the size and complexity of the estate.
- Formal Administration – This is the standard probate process for estates worth more than $75,000 or if the deceased passed away less than two years ago. It involves court filings, creditor notifications, and an inventory of assets before distributions are made.
- Summary Administration – A simplified process available if the estate is valued at less than $75,000 or if the deceased passed away more than two years ago. This allows for a quicker resolution with fewer legal formalities.
- Disposition Without Administration – The fastest and easiest process, only available if the deceased had very few assets and no real estate. Typically used when final expenses (like funeral costs) are greater than the value of the remaining estate.
Common Probate Challenges
The probate process in Florida can become complicated, costly, and time-consuming when disputes arise. Some of the most common challenges include:
- Family disputes over inheritance – If heirs disagree on how assets should be distributed, it can lead to legal battles.
- Contesting the will – If someone believes the will was forged, influenced by fraud, or signed under duress, they may challenge its validity in court.
- Creditor claims – Creditors may try to collect outstanding debts from the estate, sometimes reducing the inheritance left for heirs.
- Failure to properly administer the estate – The personal representative (executor) has legal duties, and mistakes can lead to penalties or even personal liability.
These issues can delay probate for months or even years and create financial stress for the surviving family.
How Long Does Probate Take in Florida?
The length of probate depends on the size of the estate and whether any complications arise. On average:
- Summary Administration (for small estates) takes about 3-6 months.
- Formal Administration (for larger estates) takes 6-12 months.
- Complicated cases involving disputes or legal issues can last over a year.
To avoid long delays, it is critical to work with an experienced probate attorney who can handle the legal process efficiently.
How Can an Attorney Help with Probate?
At Elderly Care Law Firm, we provide full legal support to personal representatives, heirs, and beneficiaries throughout the probate process. Our services include:
- Filing all necessary legal documents with the probate court
- Guiding personal representatives through their duties
- Ensuring creditors are paid correctly and legally
- Handling will contests and resolving family disputes
- Distributing assets to beneficiaries as quickly as possible
Probate does not have to be overwhelming or stressful. If you need assistance with the Florida probate process, call Elderly Care Law Firm at (305) 564-6606 today for a consultation.
