Probate FAQs in Florida: Get Your Questions Answered

Find Clear Answers to Your Probate Questions Today!

What is Probate and Why is it Important?

Probate is the process of proving that a deceased loved one's will is valid in a court of law, inventorying their property, paying any and all necessary taxes, and distributing their assets according to their will/state law.

How Long Does the Probate Process Typically Take?

Depending on the size and complexity of an estate, the probate process can take anywhere from four to six months or possibly longer. It is often a long, tedious process that requires multiple court appearances.

Do All Estates Need to Go Through Probate?

Only small estates without property can qualify for disposition without administration, while other estates may qualify for summary administration. Summary administration is a quicker and more affordable version of probate administration and can occur when an estate is $75,000 or less.

Understanding Executors and Administrators in Probate

If a person dies with a valid will, they often elect an executor to administer their estate. An individual is elected an estate administrator when their loved one passes away without having a valid will. The court must select the administrator and issue letters of administration before the elected person can start probate.

What to Do If You Feel Undervalued in a Will?

You must file a will contest, which could lead to probate litigation. It is extremely difficult to contest a will, however, so it is imperative you hire our attorney to assist you during your probate litigation case.

Do Assets with a Will Still Go Through Probate?

Having a will doesn't necessarily mean your property doesn't have to go through probate. The type of assets you own at the time of your passing determines if your family has to undergo your probate. A will tells the court who you want to manage your estate, as well as how your assets should be distributed.

Which Items Are Exempt from Probate?

Items that are jointly owned and items placed in certain types of trusts do not have to go through probate. For example, if you co-own a home with your spouse and your spouse survives you, your home will not pass through the probate process until your spouse passes away.

What Happens to My Assets If I Die Without a Will in Florida?

Unless zero heirs can be located, the State of Florida does not receive your assets if you pass away without a will. Your heirs will be determined based on the laws of intestacy. If you die and have no living relatives who can be located within a specific amount of time, your estate could possibly go to the State.