Probate & Estate Planning

In Florida, formal administration requires representation by a licensed attorney under Fla. Prob. R. 5.030 (only the personal representative in a summary administration or an attorney-personal-representative can appear pro se). The process involves strict deadlines, notice requirements, and detailed filings, so an experienced probate attorney protects your rights and helps prevent costly mistakes or disputes among beneficiaries.

When someone dies without a will in Florida, the estate passes under Florida's intestate succession statutes (Fla. Stat. §§ 732.101 through 732.108). A surviving spouse with no descendants (or where all descendants are also descendants of the surviving spouse and the surviving spouse has no other descendants) inherits the entire intestate estate. Where descendants exist from another relationship, the spouse and descendants share under the formula in Fla. Stat. § 732.102. Homestead property is subject to separate rules under Fla. Stat. § 732.401. Without a will, you have no control over who receives your property, who serves as guardian for minor children, or who administers the estate.

A will is a legal document that outlines how your assets should be distributed after death and must go through probate. A trust, on the other hand, is a legal arrangement that allows a third party (the trustee) to manage assets on behalf of beneficiaries. Trusts can take effect during your lifetime, help avoid probate, and offer greater privacy and control over how and when assets are distributed. Florida's Trust Code (Fla. Stat. Chapter 736) governs the creation, administration, and enforcement of trusts in Florida.

The Florida probate timeline depends on whether summary or formal administration applies (Fla. Stat. § 735.201 for summary; Fla. Stat. Chapter 733 for formal), the estate's complexity, and whether creditor claims or beneficiary disputes arise. Formal administration typically requires a three-month creditor claim period after publication of the notice to creditors under Fla. Stat. § 733.702. Straightforward formal probate is often completed within six to twelve months; complex or contested estates can extend beyond a year. Summary administration is available for estates under $75,000 or where the decedent has been deceased more than two years and is generally faster.

The best time is now. Regardless of your age or the size of your estate, having a plan in place ensures your wishes are honored and your loved ones are protected. Major life events, such as marriage, the birth of a child, purchasing a home, or retirement, are especially important times to create or update your estate plan.