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Long was very upfront about everything that I needed to get to him and everything he would handle for me, including a reasonable timeline for the process… I felt incredibly well taken care of during an extremely difficult time after losing my father unexpectedly and not knowing how to handle things with his estate. Long made this process as painless as possible and I could not have chosen a better attorney to handle this. (Erin on January 7, 2020)
We offer truly free consultations. Find out if probate is really necessary or if alternative solutions are available.
We will clearly outline your options in plain English and what it may cost, but there’s no obligation whatsoever. There is no sales pitch.
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Over 15 years of Florida Probate experience
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LD Legal, LLC
11 NW 33 Ct
Gainesville, FL 32607
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(352) 371-2670
(877) 937-7628 (toll free) - (866) 440-9154 (fax)
About LD Legal, LLC
LD Legal, LLC is a law firm devoted to probate and estate administration matters throughout the state of Florida. We were honored to receive our eighth straight AVVO Clients’ Choice Award for Florida Probate Law. For nearly 15 years, clients from all over the country and overseas have trusted us with inheritance & probate matters.
Founded by Long H. Duong, Esq. (last name pronounced “Young”) in 2005, the firm is truly committed to a positive and transparent client experience in an area of law that many people find frustrating.
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.
Basics of Florida Probate Law
Purpose of Florida probate, inheritance laws & avoiding probate.
When are Letters of Administration really needed? Learn about Formal Administration.
When to use Summary Administration? What to watch out for.
See our most visited blog post.
Letters of Administration are court orders granting authority to the person appointed as personal representative, to do all things necessary to administer a decedent’s estate. Letters are typically only issued in a formal administration of an estate which is initiated by a Petition for Administration. Once received (read more)
- 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.
- Homestead (Residence)
- Second home
- Rental property
- Vacation home
- Timeshare
- Vacant land
- Bank Account
- Certificate of Deposit (CD)
- Brokerage Account
- Car/Vehicle/Vessel
- Business (LLC, Corporation)
- Mortgagee Interest
- Safe Deposit Box
- Unclaimed Property
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)
These are a handful of the many common questions about Florida probate law that we field every day.
Do I actually need probate?
This is impossible for us to answer without a consultation but the general rule is if there are no assets “stuck” in the deceased’s name, then you might not need probate. Assets that are held jointly with a spouse or which have designated beneficiaries typically pass on to the heir without the necessity of probate. However, there are many other considerations that may determine if probate is truly necessary. Since every case is different, we highly recommend that you talk to an attorney to analyze your case.
What are “Letters of Administration“?
Letters of Administration are court orders issued as part of a formal administration. LOA’s authorize the personal representative to begin administering the estate, including but not limited to, discussing financial details with banks and brokerages. It is not possible to get Letters of Administration without opening an estate in probate court.
How much does probate cost?
Other than attorneys fees, there may be costs/expenses for:
- Case Filing Fees ($235-400)
- Publication of a “Notice to Creditors” (range: $100-200)
- Recording of Orders ($10 for the first page, $8.50 each addt’l)
- Certification of Orders ($2.00 certification + $1.00 per page of each instrument)
- Postage and/or FedEx
- Costs of ordering documents (death certificates, copies of Wills..)
What is Formal Administration?
Formal administration is the traditional form of probate in Florida. A personal representative (executor) is only appointed in formal administration.
“Understanding Florida Probate Law”
Inside you’ll learn more about:
- Types of probate
- Real world probate scenarios
- When not to probate
(Downloaded over 10,000 times since 2008)
In addition to setting up your free phone consultation, you’ll also receive a free copy to our popular ebook, “Understanding Florida Probate Law”
Free for 20 minutes.
Learn if you need probate.
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