About Florida Probate
- Florida Probate administration is a court process for distributing a person’s assets after they die.
- Typical assets that go through probate: real estate or titled/documented personal property
- Assets are collected, creditors are paid and beneficiaries receive whatever remains.
- There are 2 types of probate: Summary & Formal Administration
- Even if a person has a Will, probate may still be necessary (A Will does not avoid probate.)
- 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.
- Most cases are filed electronically with telephone hearings, so neither you nor your attorney have to be present in the county handling the case.
How to Begin Florida Probate Administration
There are many initial and deliberate steps to starting a probate administration, including:
- Take an initial inventory of all assets (Don’t forget to check for a safe deposit box)
- Determine which assets are subject to probate (from assets that pass outside of probate)
- Secure assets to avoid problems prior and during administration
- Determine all known creditors and balances due
- Assess which form of probate is most suitable given the conclusions of items 1 and 2 (Summary or Formal Administration)
- Draft petition requesting probate administration
- Secure signatures from all interested parties consenting to administration
- Send notice to all parties who might otherwise have an interest in administration
- Draft and prepare all proposed orders for the probate court’s consideration
- File a comprehensive probate petition package with all supporting documentation
- Submit proposed orders (each county has local rules about submission of proposed orders)
- Prepare notices to creditors for publication and direct notification
- Await court response (summary orders or orders appointing personal representative w/letters of administration)
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Skip to Commonly Asked Questions
These are a handful of the many common questions about Florida probate law that we field every day.
- What are “Letters of Administration“?
- How much does probate cost?
- What is Formal Administration?
- What is Summary Administration?
- Do I need to come to Florida for probate?
- If the Will says I’m the Personal Representative, why do I need probate?
- What are the risks of starting probate too soon?
- Do I need probate if there is no Will?
- Do I actually need probate?
About LD Legal, LLC
LD Legal, LLC was founded by Long H. Duong, Esq. (last name prounced “Young”), is a law firm devoted to probate and estate administration matters throughout the state of Florida.
Florida Probate Law often can be 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 could be wasting precious time and money. We want to help you avoid all of that.
Yes, 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.
Learn more about how we work on a Florida probate administration case.
Here’s a brief welcoming audio clip from Florida Probate attorney Long H. Duong: