Question 1

What is probate in Florida?

Accepted Answer

Probate is the court-supervised legal process of administering a deceased person's estate in Florida. It involves validating the will, identifying and inventorying assets, paying debts and taxes, and distributing the remaining assets to beneficiaries. Florida probate is handled through the circuit court in the county where the decedent resided.

Question 2

How long does probate take in Florida?

Accepted Answer

A formal administration in Florida typically takes six months to a year or longer depending on the complexity of the estate. A summary administration — available for estates under $150,000 or when the decedent has been dead more than two years — can often be completed more quickly. Proper estate planning can help your loved ones avoid or minimize the Florida probate process.

Question 3

What is the difference between formal and summary administration in Florida?

Accepted Answer

Formal administration is the standard Florida probate process required when the decedent has been dead less than two years or when estate assets exceed $150,000. Summary administration is a simplified probate process available for smaller estates or when the decedent has been dead more than two years. A Florida probate attorney can help determine which process applies.

Question 4

Do I need a probate attorney in Florida?

Accepted Answer

Florida law requires that a personal representative be represented by an attorney in formal probate administration. Even in summary administration, having an experienced Florida probate attorney ensures the process is handled correctly, creditor claims are addressed, and assets are distributed properly to beneficiaries.

Question 5

What is estate planning?

Accepted Answer

Estate planning is the process of arranging for the management and distribution of your assets during your lifetime and after your death. A comprehensive Florida estate plan typically includes a will, one or more trusts, a durable power of attorney, a healthcare surrogate designation, and a living will.

Question 6

What happens if I die without a will in Florida?

Accepted Answer

If you die without a valid will in Florida, your estate is distributed according to Florida's intestacy statutes. The state determines who inherits your assets, which may not align with your wishes. Having a will ensures your intentions are carried out and can help simplify the Florida probate process for your loved ones.

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