Florida's Probate Process Explained

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Florida Probate Attorneys

Navigating the probate process in Florida can be daunting- deadlines, asset valuations, creditors, frozen accounts, piles of paperwork. Rise Up Legal helps families handle each step with clarity and compassion. From confirming a will’s validity to distributing assets efficiently, our experienced probate team will help guide you through it all, so. you can focus on healing.

Probate is the analysis and transfer of estate assets previously owned by a deceased person. When a property owner dies, their assets are commonly reviewed by a probate court.

When a deceased person had a will, the personal representative is responsible for initiating the probate process. This is frequently a family member. The will can also provide details on specific distributions and request a specific probate process be followed.

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Most probate cases in Florida require an attorney. If you are looking for guidance, take the next step and schedule your free consultation now. We can meet virtually or in our office.

We will explain the probate process in Florida, including the different types of probate proceedings, timelines, and requirements.

We will prepare all of the necessary documents, review each item with you, and make sure you are kept up to date on where your case stands. 

If a will exists, we will guide the family through the process of validating the will and ensuring all notices and requirements are met.

Our team assists in identifying and valuing the deceased’s assets and properties to provide an accurate overview of the estate.

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Frequently Asked Probate and Estate Administration Questions

In Florida, probate can take anywhere from six months to over a year depending on the size of the estate, the court’s schedule, and whether anyone contests the will. A properly funded trust can help families avoid this delay.

Not all estates must go through probate. If assets are owned jointly, have designated beneficiaries, or are placed in a trust, they may transfer outside of probate. However, most estates with solely-owned property require some form of probate in Florida.

Trust administration is the process of managing and distributing a deceased person’s trust assets according to the terms of the trust. In Florida, trustees have legal duties to follow the trust, keep beneficiaries informed, and handle taxes and debts properly.