Probate Lawyers

A probate lawyer assists the executor (or personal representative) and beneficiaries in settling the estate of a deceased individual. This can involve validating the will, inventorying assets, paying debts and taxes, distributing inheritances, and resolving any disputes that arise during the probate process.

Probate is required if a person dies owning assets solely in their name, without valid beneficiary designations or co-ownership arrangements. Certain assets, like those held in a trust or with named beneficiaries (such as life insurance proceeds), typically bypass probate. A probate attorney can help determine which assets must go through probate.

The timeline can vary based on the complexity of the estate, the number of beneficiaries, and whether disputes arise. In Florida, a straightforward probate case may be settled in a few months, while more complicated estates can take a year or longer. Meeting court deadlines and timely communication with all parties can help speed up the process.

Probate costs typically include court filing fees, publication fees, and attorney fees. Florida law provides guidelines for “reasonable” attorney fees based on the value of the estate, but exact costs can vary. Before starting the probate process, it’s important to discuss expected fees and costs with your lawyer.

It’s possible to avoid or minimize probate by using estate planning tools like revocable living trusts, joint ownership, and beneficiary designations on financial accounts. These arrangements allow assets to pass directly to beneficiaries without going through probate. A probate lawyer (or estate planning attorney) can advise on creating or updating a plan to reduce the need for court involvement.

If a Florida resident dies intestate (without a valid will), their estate is distributed according to Florida’s intestate succession laws. Generally, assets go to the deceased’s closest relatives in a specific order (for example, spouse, then children, then other relatives). A probate attorney can guide the personal representative through the process of identifying heirs and distributing assets properly.