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Probate

FAQ'S
FAQ'S

What is probate, and when is it necessary in Florida?
Probate is the legal process through which a deceased person's assets are distributed to beneficiaries
and heirs and outstanding debts are paid. In Florida, probate is necessary when the decedent owned
assets solely in their name without designated beneficiaries or joint owners with rights of survivorship.

How long does the probate process take in Florida?
The duration of the probate process in Florida can vary depending on the complexity of the estate and
whether any issues or disputes arise. Typically, the process can take several months to a year or more.
How much does probate cost in Florida?
The cost of probate in Florida includes court filing fees, attorney fees, personal representative fees, and
other related expenses. The total cost can vary significantly based on the complexity of the estate and

the fees charged by attorneys and other professionals involved.
Is it possible to avoid probate in Florida?
It is possible to avoid probate in Florida through various estate planning strategies implemented during
your lifetime, such as establishing a trust, designating beneficiaries on assets like life insurance and
retirement accounts, and jointly owning a property with rights of survivorship.
What happens if someone dies without a will (intestate) in Florida?
If someone dies without a will (intestate) in Florida, the estate will be distributed according to the state's
intestacy laws, which prioritize surviving family members like spouses, descendants, and other close

relatives.
How are estate taxes handled in Florida, and when are they applicable?
Estate taxes in Florida are governed by federal law. The federal estate tax only applies to estates
exceeding a certain threshold, and most estates fall below that threshold.
Can an out-of-state resident serve in a Florida probate case?
An out-of-state resident can serve as personal representative in a Florida probate case if they are

related to the decedent by blood or marriage.
How are homestead properties treated in Florida probate?
Homestead properties in Florida may pass to family, and even extend family (including step-relatives),
exempt from the claims of the decedent's creditors.
Can I handle my loved one's probate on my own without an attorney?
Florida law requires the personal representative of a probate estate to be represented by an attorney.

*It's important to remember that every probate case is unique, and the specific questions and concerns will vary based on the size
of the estate, the presence of a valid will, the family dynamics, and other individual circumstances.