Probate & Estate Planning

While Florida law does not strictly require an attorney for all probate matters, the process involves complex legal procedures, strict deadlines, and detailed filings. An experienced probate attorney helps ensure everything is handled correctly, protects your rights, and can prevent costly mistakes or disputes among beneficiaries.

When someone dies without a will in Florida, their estate is distributed according to the state's intestacy laws. This means assets are divided among surviving family members in a specific order determined by law — typically the surviving spouse and children first. Without a will, you have no control over who receives your property, which is why estate planning is so important.

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.

The timeline for probate in Florida varies depending on the complexity of the estate, the number of beneficiaries, and whether any disputes arise. A straightforward case may be resolved in a few months, while more complex estates can take a year or longer. Having an experienced attorney can help streamline the process and avoid unnecessary delays.

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.