Probate Services We Handle
Understanding the Probate Process in Florida
When someone dies in Florida, their estate typically must go through probate - a legal process supervised by the circuit court in the county where the deceased person lived. The probate court validates the will (if one exists), appoints a personal representative (executor), and oversees the administration of the estate.
Florida recognizes two types of probate administration:
- Formal administration - Required for estates with assets exceeding $75,000 (excluding exempt property). This is the standard probate process, typically lasting 6-12 months.
- Summary administration - Available for smaller estates (under $75,000 in non-exempt assets) or when the deceased person has been dead for more than two years. This is a simplified, faster process.
The Personal Representative's Duties
The personal representative (executor) has significant legal responsibilities: filing the will with the court, providing notice to beneficiaries and creditors, inventorying and appraising estate assets, paying valid debts, taxes, and administrative expenses, and distributing remaining assets according to the will or Florida intestacy law. The personal representative has a fiduciary duty to act in the best interests of the beneficiaries and can be held personally liable for mismanagement.
Our attorneys support personal representatives through every step of this process, ensuring compliance with court requirements and Florida law.
Will Contests and Estate Disputes
When family members disagree about the validity of a will or the distribution of assets, estate litigation may be necessary. Common grounds for contesting a will in Florida include:
- Lack of testamentary capacity - The deceased person did not understand what they were signing
- Undue influence - Someone exerted improper pressure or manipulation over the deceased
- Fraud or forgery - The will was forged or the deceased was deceived about its contents
- Improper execution - The will was not signed or witnessed according to Florida's statutory requirements
Our attorneys represent both petitioners challenging a will and respondents defending one. We also handle breach of fiduciary duty claims against personal representatives or trustees, accountings, and disputes over the interpretation of will or trust provisions.