Frequently Asked Questions
- 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?
Site updated on Tuesday, October 6th, 2015.
Florida Probate Administration, without the headache.
We guide, educate and represent people through the probate process … statewide.
Our primary goal is help you first determine if probate is necessary.
If it is, we’ll present you with your options.
If it’s not, we’ll try to provide you with an alternative solution.
*Consultations by phone are completely free.
What is 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.
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.
How to Start a 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)
How We Work for You
- 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 an experienced attorney (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.
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.
Here’s a brief welcoming audio clip from Florida Probate attorney Long H. Duong: