Frequently Asked Questions
What is probate and why is it necessary?
Probate is the legal process through which a deceased person’s assets are identified, debts are paid, and remaining property is distributed to heirs or beneficiaries under court supervision. It is generally required whenever the deceased owned assets solely in their name.
How long does the probate process take in Florida?
A straightforward Florida probate case typically takes 6 months to a year, though more complex estates, disputes among heirs, or creditor claims can extend the timeline considerably.
What happens if there is no will (intestate succession)?
If someone dies without a valid will, Florida’s intestate succession laws determine who inherits the estate, typically prioritizing a surviving spouse and children, followed by other close relatives.
Do minor heirs need a guardian during probate?
Yes. When a minor is entitled to inherit assets, Florida law generally requires the appointment of a guardian to manage the inheritance until the minor reaches adulthood.
What documents are required to start probate in Florida?
Typically you will need the original will (if one exists), a certified copy of the death certificate, and a completed estate questionnaire identifying the deceased’s assets, debts, and heirs.
What is the role of a personal representative?
The personal representative (executor) is responsible for managing the estate throughout probate, including collecting assets, paying debts and taxes, and distributing the remaining property to the rightful heirs.
Can probate be avoided?
In some cases, yes. Assets held in a living trust, jointly owned property with rights of survivorship, and accounts with named beneficiaries generally pass outside of probate.
Do I need a Florida attorney if I live abroad?
Yes. Florida probate proceedings must go through the Florida court system, so working with a Florida-licensed probate attorney is essential even if you or other heirs live outside the United States.