What is Probate?

 6 things to know about the Florida Probate process

  1. Florida Probate administration is a court process for distributing a person’s assets after they die.
  2. Typical assets that go through probate: real estate or titled/documented personal property
  3. Assets are collected, creditors are paid and beneficiaries receive whatever remains.
  4. There are 2 types of probate: Summary & Formal Administration
  5. Even if a person has a Will, probate may still be necessary (A Will does not avoid probate.)
  6. In Florida, “Personal Representatives” are in charge of probating the estate and are almost always required to have an attorney. These attorneys handle nearly all of the probate court work.
  7. Most cases are filed electronically with telephone hearings, so neither you nor your attorney have to be present in the county handling the case

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1. It’s free.
2. We can answer your question: Is probate absolutely necessary?
3. We have helped over 500 clients effectively and efficiently handle their cases.

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Free Florida Probate GuideIn addition to scheduling your free phone consultation, you’ll also receive a free copy to our popular ebook, “Understanding Florida Probate Law” (downloaded over 5,000 times since 2008)

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Getting started with the Florida Probate process

There are many initial and deliberate steps to starting a probate administration, including:

  1. Take an initial inventory of all assets
  2. Determine which assets are subject to probate (from assets that pass outside of probate)
  3. Secure assets to avoid problems prior and during administration
  4. Determine all known creditors and balances due
  5. Assess which form of probate is most suitable given the conclusions of items 1 and 2 (Summary or Formal Administration)
  6. Draft petition requesting probate administration
  7. Secure signatures from all interested parties consenting to administration
  8. Send notice to all parties who might otherwise have an interest in administration
  9. Draft and prepare all proposed orders for the probate court’s consideration
  10. File a comprehensive probate petition package with all supporting documentation
  11. Submit proposed orders (each county has local rules about submission of proposed orders)
  12. Prepare notices to creditors for publication and direct notification
  13. Await court response (summary orders or orders appointing personal representative w/letters of administration)

Confused about Florida Probate Law?

The 6 Most Common Questions About Probate

In your free 20 minute phone consultation, you will learn the following:

1. Why is probate necessary?
2. Which assets really need to go through probate?
3. How long should probate take?
4. Do I really need a “Letter of Administration”?
5. How much will probate cost?
6. What are the risks of starting probate too soon?

We’ll outline a strategy and explain your most cost-effective options (including flat fees).

And yes, you’ll speak with an attorney.


Let a Florida Probate Attorney help you decide (free!)

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  • At LD Legal, LLC, Florida probate law is “our thing” – Our practice is almost 100% focused on probate matters!
  • We file probate cases STATEWIDE for clients are NATIONWIDE. In other words, if your case is in Florida, we can take care of it no matter where you are located.
  • We handle almost every aspect within the court system.
  • NONE of our clients have ever had to set foot in Florida.
  • In our office, all pleadings are personally prepared by one of our experienced attorneys (not a paralegal)
  • We LOVE technology and embrace the use of phones, fax, email and the internet to streamline our probate cases. We strive for open communication and efficient service.
  • Your – no strings, no pressure – and absolutely free consultation is with a Florida Probate attorney, not a paralegal.

Get Started Already (it’s free)

LD Legal, LLC is a law firm devoted to probate and estate administration matters throughout the state of Florida.

Florida Probate Law often can be a confusing and cumbersome – sprinkled with tricky details invisible to the untrained eye. Even the “simplest” of probates can become complicated if executed poorly. Without proper knowledge or guidance, you can get swindled out of time and money, but we want to help you avoid all of that.

We realize that there is an overwhelming amount of information online about how to probate in Florida, but none of it is as valuable as a chat with an actual Florida probate attorney. We have posted some resources on our blog to help you get started, but more than anything, we would love to speak with you directly to discuss your case.

We offer a free 20-minute phone consultation with one of our attorneys so that you can better understand your options.

We file uncontested Florida probate cases in the following counties:

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