Frequently Asked Questions About Probate In Florida

How long does the probate process typically take in Florida?

The length of the probate process in Florida depends on the complexity of the estate. On average, formal probate can take six to nine months, but it may take longer if there are disputes or extensive assets to manage. Summary administration, which is a simplified process available for smaller estates, can often be completed within a few weeks to a few months.

Is probate always necessary in Florida?

Not all estates require probate in Florida. If the deceased’s assets are held in a trust, are jointly owned with rights of survivorship or have designated beneficiaries, probate may not be necessary. However, assets titled solely in the decedent’s name without a designated beneficiary generally require probate to transfer ownership. Consulting with an experienced probate attorney can help determine if probate is required.

What are the fees associated with probate in Florida?

Probate fees vary depending on the estate’s size and complexity. Common costs include filing fees, attorney fees, executor fees and court costs. Attorney fees are often based on a percentage of the estate’s value or are charged hourly. A probate lawyer can provide a detailed breakdown of these costs.

Can a will be contested during probate, and on what grounds?

Yes, a will can be contested during probate in Florida. Common grounds for contesting a will include claims of undue influence, lack of testamentary capacity, fraud, improper execution or the existence of a more recent valid will. Contesting a will requires evidence and legal proceedings, which can prolong the probate process.

What happens if someone dies without a will in Florida?

If someone dies without a will in Florida, their estate is distributed according to the state’s intestacy laws. These laws prioritize close relatives, starting with the surviving spouse and children. If there are no immediate family members, more distant relatives may inherit.

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If you have questions about the probate process or need guidance with a probate case, call Absolute Law at 239-268-4669 or email us today to schedule a free consultation.