Probate
We Handle Probate. You Focus on Family.
Losing a family member is one of life's most difficult experiences. In the midst of grief, you may find yourself facing a mountain of paperwork, phone calls from creditors, and family members asking questions you cannot answer. If you have been named as personal representative, or if you simply do not know where to begin, you are not alone.
Probate is the court-supervised process of settling a deceased person's estate. Whether your loved one left a will or not, Florida law requires certain steps to transfer assets, pay debts, and distribute property to rightful heirs.
Florida Probate Almost Always Requires an Attorney
Florida probate is complex and almost always requires legal representation. Florida Probate Rule 5.030 requires that a personal representative be represented by an attorney licensed in Florida, unless the personal representative is the only interested person in the estate.
This requirement exists because probate involves strict legal procedures, court filings, and deadlines that can result in serious consequences if mishandled. The question is not whether you need an attorney, but which attorney you trust to guide your family through this process.
Important Deadline: Florida law requires that a will be filed with the probate court within 10 days of learning of the death. Missing this deadline can create unnecessary complications.
Types of Probate Administration
Summary Administration
For estates valued under $75,000 when there are no known creditors, or when the decedent passed away more than two years ago. This streamlined process involves fewer court appearances and lower administrative costs, often resolving in weeks rather than months.
Formal Administration
Required for larger estates, and estates involving a lot of unknowns. Involves appointing a personal representative, notifying creditors, inventorying assets, and obtaining court approval for distributions. Proper handling protects both the estate and the personal representative from future claims.
Estate Settlement
Comprehensive assistance with all aspects of closing an estate, from gathering assets and paying debts to preparing final accountings and distributing inheritances to beneficiaries.
Ancillary Probate
When a non-Florida resident owns real property in Florida, a separate Florida probate is required to transfer that property, even if the primary estate was settled in another state.
The Cost of Waiting
Many families delay probate, hoping the process will somehow resolve itself. Others underestimate the complexity and discover costly mistakes months later.
Florida law imposes firm deadlines on creditor claims. Miss these windows, and the estate may remain liable for debts that could have been legally extinguished. Personal representatives who distribute assets improperly can be held personally liable for the errors, putting their own finances at risk.
Banks, title companies, and financial institutions will not release accounts or transfer property without proper court documentation. Without letters of administration or court orders, assets remain frozen, sometimes for months or even years.
Family tensions that simmer beneath the surface often boil over during estate settlement. What begins as a simple disagreement over a piece of furniture can escalate into expensive litigation that drains the estate and fractures relationships permanently.
Don't Navigate Probate Alone
Schedule a consultation to discuss your situation with an experienced probate attorney.
Schedule a ConsultationWhat Does Probate Cost in Florida?
Understanding probate costs helps families plan and avoid surprises. Probate costs vary depending on the type of administration and the complexity of the case. The costs of administration include court filing fees, attorney fees, and other charges such as publication notices, certified mailings, and, in many cases, a personal representative fee. Contact us for a consultation so we can provide you with an estimate for our services.
Good news for Florida families: Florida has no state estate tax and no inheritance tax. Federal estate tax generally applies only to estates exceeding the current federal exemption amount, which means the vast majority of families pay no death taxes at all.
How Long Does Probate Take in Florida?
One of the first questions families ask is how long this process will take. The honest answer depends on the type of administration and the complexity of the estate.
Summary administration for smaller estates can often be completed in approximately 10 weeks, making it a faster path for families with straightforward situations.
Formal administration typically takes about a year from start to finish. If the estate includes real property, it can generally be sold approximately five months after the case is opened. Estates involving business interests, disputes among beneficiaries, or contested creditor claims may take longer.
Delays often occur when families attempt to handle matters without proper guidance, when documents are missing, or when beneficiaries cannot be located. Working with an experienced probate attorney from the beginning helps avoid these common setbacks.
Florida Homestead: Special Rules for Your Family Home
Florida's homestead laws provide significant protections for the family home, but they also create rules that surprise many families during probate.
Homestead Creditor Protection
A primary residence that qualifies as homestead is protected from most creditors' claims. This means the home generally passes to heirs free of the deceased's debts, even if the estate otherwise lacks sufficient assets to pay creditors.
Restrictions on Who Inherits
If the deceased had a surviving spouse or minor children, Florida law restricts how homestead property can pass. A will cannot override these protections. The surviving spouse typically receives either a life estate (the right to live in the home for life) or can elect to take a 50% ownership interest instead.
Homestead Still Requires Court Action
Even though homestead property is exempt from creditors, it still requires a court order to transfer title to the heirs. This ensures the property's homestead status is properly documented and the title is clear for future sale or transfer.
Important: If your family home is involved in a probate matter, understanding Florida's homestead rules early can prevent costly mistakes and family disputes.
Surviving Spouse Rights in Florida Probate
Florida law provides strong protections for surviving spouses, regardless of what a will may say. Understanding these rights is essential whether you are the surviving spouse or another family member.
The Elective Share
A surviving spouse has the right to claim 30% of the estate's assets, even if the will leaves them less or nothing at all. This "elective share" ensures a spouse cannot be completely disinherited. The election must be made within six months of receiving notice of administration.
Exempt Property
Certain property passes automatically to the surviving spouse (or minor children if there is no spouse), protected from creditors' claims:
- Household furniture, furnishings, and appliances up to $20,000 in value
- Two automobiles regularly used by the family
- Florida-prepaid college plans and medical savings accounts
Family Allowance
The surviving spouse and dependent children may be entitled to a reasonable allowance from the estate during administration to cover living expenses. This takes priority over most other claims against the estate.
When Probate Becomes Contested
Not every probate proceeds smoothly. Disputes can arise over the validity of a will, the actions of a personal representative, or the rightful distribution of assets. When conflict emerges, experienced legal counsel becomes essential.
Common Grounds for Will Contests
- Lack of mental capacity: The deceased did not understand what they were signing
- Undue influence: Someone pressured or manipulated the deceased into changing their will
- Fraud or forgery: The document was falsified or the signature was forged
- Improper execution: The will was not signed or witnessed according to Florida law
Will contests must be filed within specific timeframes. If you have concerns about a will's validity, consult with an attorney promptly to understand your options.
Personal Representative Disputes
Beneficiaries sometimes disagree with how a personal representative is handling the estate. Claims of mismanagement, self-dealing, or failure to communicate can lead to court intervention and potential removal of the representative.
Why Local Experience Matters
Probate is governed by Florida state law, but each county court has its own procedures, preferred forms, and expectations. An attorney unfamiliar with Pasco County probate court may struggle with local requirements that a practiced local firm handles routinely.
Auvil Walters is a trusted name in Dade City, helping local families navigate probate with confidence. We understand the emotional weight of this process and provide the steady guidance families need during uncertain times. Our familiarity with local court procedures means fewer delays, fewer surprises, and a smoother path to closing the estate.
Schedule a Consultation
We will review your situation, explain your options in plain terms, and answer the questions keeping you up at night. We will help you understand the next steps.