Probate

Probate Administration, Litigation & More

What Is Probate?

In Florida, Probate is the orderly process of winding up the affairs of a person who has passed away (called a “decedent”). Specifically, Probate serves to determine the assets of decedent; identifying a “personal representative” of the estate who will be charged with carrying out the administration of the estate (along with his or her attorney's guidance); satisfying the debts of the estate; and then distributing the remaining proceeds of the decedent's estate to their beneficiaries. There is a certain "pecking order" of who gets paid what, and when, out of the estate.

The Florida Probate Code is found in Chapters 731 through 735 of the Florida Statutes, and the rules governing Florida probate proceedings are found in the Florida Probate Rules, Part I and Part II (Rules 5.010-5.530).

In certain narrow circumstances, a non-court supervised proceeding called “Disposition of Personal Property Without Administration” may take place. This is based on the unique circumstances of the decedent's estate.

How Long Does Probate Take?

Every case is different. The answer to this question will depend, in large part, on factors such as:

  • How many assets are in the estate
  • How many creditors of the estate there are
  • Whether a personal representative can be appointed in a timely manner
  • Whether the Decedent had a valid Will in place
  • Whether a tax return must be filed on behalf of the estate

My Loved One Has Passed Away. What Should I Do Now?

The loss of a loved one can be a difficult and confusing time. In addition to dealing with feelings of loss and grief, you must now also think about the financial affairs of your loved one. However, Probate does not have to be complicated or stressful with the right legal representation.

We serve our clients with care, compassion, and diligence. Our goal is to relieve some of your burden by guiding you through Probate as quickly and easily as possible.

If you are dealing with the loss of a loved one, we encourage you to take some time to go through the grieving process with your family — which is normal. Once you're ready to begin the Probate process, it would be our privilege and honor to serve you and your family in its time of need. We always offer a free consultation in which we will answer any questions you may have, provide an overview of the Probate process, and explain your options moving forward.