Probate FAQs

Probate is the legal/court process for distributing a deceased person’s assets and resolving claims against the “estate.”

No. In Florida, there are numerous ways to avoid probate. Creating a trust, titling property with survivorship provisions, and establishing transfer-on-death designations for financial accounts are just a few ways to avoid probate.

The duration of probate can vary depending on the complexity of the estate, whether it is contested, and other factors. But typically, probate in Florida takes about six months to a year to complete.

A personal representative is responsible for managing the deceased person’s estate, including identifying and inventorying assets, paying debts and taxes, and distributing assets to beneficiaries according to the will or Florida’s intestacy laws. The personal representative is a fiduciary and must act under strict guidelines.

Grounds for contesting a will may include lack of testamentary capacity, undue influence, fraud, or improper execution. Contesting a will can be a complex legal process so it’s best to seek legal guidance.

If there is no will, Florida’s intestacy laws determine how assets are distributed. See Florida Statutes, Chapter 732.

Florida offers several types of probate, including formal administration, summary administration, and ancillary administration for out-of-state residents who own property in Florida. The appropriate type of probate will depend on the circumstances of the estate.

Under Florida Probate Rule 5.030, “every personal representative, unless the personal representative remains the sole interested person, shall be represented by an attorney admitted to practice in Florida.” But, a “personal representative who is an attorney admitted to practice in Florida may represent himself or herself. . . .” Id.

The cost of probate in Florida can vary depending on factors such as the size and complexity of the estate, attorney fees, court costs, and other expenses. It’s best to consult with an attorney to get an estimate of the potential fees and costs involved.

For more information about probate in Florida or to schedule a consultation with a probate attorney, please call 754-400-5150 or contact us online. Let the Law Offices of Evan M. Rosen serve you!