Here’s a quick list of common questions we get about Florida probate—and while we say “60 seconds,” you’ll probably need to read a bit faster to fit them all in!
These FAQs give you a snapshot of what probate really involves and what to expect when you’re faced with the process after losing a loved one.
What is probate, anyway?
Probate is a legal process handled by the court to ensure a person’s debts are paid and their remaining property is transferred to the rightful heirs. In Florida, probate can be formal or summary, depending on the size and type of estate.
My husband just died. Do I need to probate the house?
Maybe. If the home was your homestead and your name is on the deed, you likely don’t need probate for that property.
If you weren’t on the deed, probate is likely necessary.
There are multiple scenarios that affect the answer—best to contact us so we can review the details.
Isn’t probate in Florida like any other state? Aren’t there just a few forms to fill out?
That’s actually two questions—and the answer is yes and no.
Yes, the probate process is similar nationwide in concept, but Florida has its own statutes, rules, and court expectations.
No, it’s not just a matter of filling out a few forms. Anyone who says otherwise probably won’t be around when things go wrong.
Do I really need an attorney?
If you’re the personal representative (executor), then yes—in almost all Florida probate cases, you’re required by law to be represented by an attorney.
I took care of mom in her last year. Can I get reimbursed?
Maybe.
But keep in mind: Mom probably didn’t bill you for 18 years of parenting, either! (Still, we can help evaluate valid claims.)
I have 3 siblings. Dad told me he wanted me to have the house. There’s no will though.
If there’s no Will, then Florida’s intestacy laws take over.
Without anything in writing, it’s hard to prove intent.
Let’s just say: If he really wanted you to have it, he should’ve put it in writing! (Just kidding… kind of.)
Is a copy of the Will good enough?
Usually, no.
Florida probate courts typically require the original Will. There are exceptions, but it’s an uphill process to prove the copy is valid.
How do I contest a Will?
You’ll need to contact a Florida probate litigator—a specialized attorney who handles disputes.
How long does probate in Florida take?
It depends on several factors:
- The size of the estate
- The number of creditors or heirs
- The court’s current workload
Some cases are completed in a few months; others take over a year.
How much do you charge for probate?
Let’s just say:
How much do you have? (Just kidding!)
Check out our sample Florida probate fee schedule for typical pricing ranges based on your case.
Have more questions?
Reach out to our office for a consultation. We’re here to simplify the probate process—no matter how complex your case may seem.
