What Is Probate?

Probate is the court-supervised legal process of managing and distributing a person's assets after they have passed away.

The primary purpose of probate is to ensure that your loved one's final debts and taxes are paid and that their remaining assets are legally transferred to the correct heirs, either according to their will or, if no will exists, according to Florida law.

While very simple estates may not require legal counsel, a probate attorney is essential in most cases. We ensure all complex legal documents are filed correctly and on time, protect the executor from personal liability, and help prevent costly mistakes or family disputes that can arise during this stressful time.

How We Handle Your Estate

When you are grieving the loss of a loved one, the last thing you need is the burden of a complex legal process. Our firm is here to lift that burden from your shoulders. We can manage every step of the probate administration, including:

Filing the petition with the court to open the probate case
Legally notifying all heirs, beneficiaries, and potential creditors
Identifying, inventorying, and appraising all estate assets
Managing the estate's finances, including paying final bills and taxes
Responding to and resolving creditor claims against the estate
Coordinating the sale of estate property, such as real estate
Preparing and filing all necessary court documents and accountings
Distributing the remaining assets to the rightful heirs and beneficiaries
Filing the final petitions to formally close the estate

The Probate Process in Florida

The probate process can seem overwhelming, but it follows a structured path. While every estate is unique, here is a general overview of the steps involved in Florida.

Step 1: File the Petition & Appoint a Representative
A petition is filed with the court, and the will (if one exists) is submitted. The court formally appoints a "Personal Representative" (also known as an Executor) to manage the estate.

Step 2: Inventory the Estate & Notify Creditors
The Personal Representative must identify, catalog, and determine the value of all estate assets. At the same time, a legal notice is published to inform potential creditors, who then have a limited time to file a claim.

Step 3: Pay Debts, Taxes, & Claims
The Personal Representative uses estate funds to pay all valid creditor claims, final income and estate taxes, and any administrative expenses.

Step 4: Distribute Assets to Heirs
After all debts and expenses are paid, the remaining assets are distributed to the heirs as named in the will or as determined by Florida's intestacy laws if no will exists.

Step 5: Close the Estate
A final accounting is filed with the court showing all financial actions taken. Once the court approves, the Personal Representative is discharged from their duties, and the estate is formally closed.

Guidance for Personal Representatives, Heirs, & Families

We provide focused legal counsel for every party involved in the probate process.

For Personal Representatives (Executors): If you've been named the executor, you have a legal "fiduciary duty" to manage the estate correctly. This role comes with significant responsibilities and potential personal liability. We protect you by ensuring every action you take is compliant with Florida law, from start to finish.

For Heirs & Beneficiaries: If you are an heir, you have a right to information and to receive your rightful inheritance. If you are concerned about the management of the estate or feel your interests are not being protected, we can represent you to ensure fairness and transparency.

For Out-of-State Clients: It can be extremely difficult to manage a Florida probate case when you live out of state. We can serve as your local representative in the area you need, handling all court appearances, administrative tasks, and local logistics on your behalf.

Frequently Asked Questions

The timeframe depends on the estate's complexity. Simple summary administrations can finish in two to four months, while formal probates often take six to twelve months.

Legal fees can be structured in a few ways: as a flat fee, an hourly rate, or a percentage of the estate's value, as permitted by Florida law. We are transparent about our fees and will discuss the best option for your situation during our consultation.

If a person passes away without a valid will (known as dying "intestate"), Florida law provides a clear "line of succession" to determine who inherits the assets. We guide families through this process to ensure the law is followed correctly.

Serving Southwest Florida