Florida Probate & Estate Planning Attorney

Usually, yes. Under Fla. Prob. R. 5.030, a personal representative in a Florida probate case must be represented by a Florida attorney. The exceptions are a personal representative who is a Florida attorney or who is the only person interested in the estate. Summary administration, which has no personal representative, can sometimes be handled without a lawyer. Probate has strict deadlines, notice rules, and court filings, and a lawyer helps you avoid costly mistakes and family disputes.

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 says who receives your property after you die, and it takes effect through probate. A trust holds property, managed by a trustee, for the people you name. With a revocable living trust, you usually serve as your own trustee while you are alive, and a successor trustee takes over at your death or if you can no longer manage your affairs. Property held in a trust usually skips probate, which can save time and keep details private. Florida trusts are governed by the Florida Trust Code (Fla. Stat. Chapter 736). Many plans use both: a trust plus a short pour-over will for anything left outside it.

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.

Any adult can benefit from a basic plan, whatever your age or the size of your estate. A plan lets you name who receives your property, who manages your money if you cannot, and who would raise your minor children. Review it after major life events, such as marriage, divorce, the birth of a child, buying a home, or retirement.