Legal FAQs

What Is the Duration of the Probate Process in Florida?

Florida probate is a court-supervised process for distributing a deceased person's assets.

What Strategies Exist for Avoiding Probate?

Probate is the legal process of distributing a deceased person's assets. It can be a time-consuming and expensive process, which is why some people choose to avoid probate through estate planning.

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What Services Do Probate Attorneys Provide?

Probate attorneys help people settle the estate of a deceased person.

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What Occurs to My Mortgage in the Event of My Death?

If you pass away with a mortgage, the outcome will depend on the terms of your mortgage, whether you have an estate plan, and whether you have living relatives.

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What Is the Role of a Personal Representative?

A personal representative is an individual or entity appointed to oversee the affairs of a deceased person's estate.

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When Are Beneficiaries Notified Following a Death?

There is no fixed date. The personal representative must serve a Notice of Administration on the surviving spouse, the beneficiaries, and other interested parties within 3 months of filing the will for probate.

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Who Determines the Necessity of Probate?

Probate is the legal process of wrapping up a person's affairs after death. This includes distributing their assets, paying debts and taxes, and resolving any remaining legal issues.

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Does the Presence of a Will Eliminate the Need for Probate in Florida?

In Florida, probate is the legal process of administering the estate of a deceased person. If the deceased person left a will, the probate court will appoint an executor to carry out the instructions in the will.

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What Happens If You Don't File Probate in Florida?

Without probate, the court never distributes the estate, creditors receive no notice to file claims, and debts and taxes go unresolved, leaving beneficiaries to assert their rights through litigation.

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What Assets Are Exempt From Probate in Florida?

Jointly held property with rights of survivorship, accounts with named beneficiaries, POD and TOD accounts, living trust assets, homestead, and enhanced life estate deeds generally pass outside probate.

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When Would a Decedent's Property Be Subject To Ancillary Probate in Florida?

If someone who lived in another state dies owning property in Florida, that property goes through a second proceeding here, called ancillary probate, alongside the main probate in their home state.

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What Is the Expense of Ancillary Probate?

Ancillary probate costs depend on how complex the out-of-state assets are, the laws of the state where they sit, and whether your attorney charges hourly or a percentage of the estate.

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What Is Ancillary Probate?

Ancillary probate is a second probate proceeding in the state where the decedent owned real property, when they died a resident elsewhere. Florida allows summary, formal, and international ancillary administration.

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What is an Affidavit of Heirship?

An Affidavit of Heirship establishes a deceased person's legal heirs when there is no will, so real property can be transferred without probate. It is sworn by a disinterested third party and filed with the county.

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What Is a Decedent’s Interest in a Homestead?

A decedent's interest in a homestead is the ownership they held in their primary residence at death. It passes under their will or state intestacy law, subject to homestead protections for a spouse or minor children.

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Who Pays Probate Attorney Fees?

Probate attorney fees are normally paid out of the assets of the estate. Beneficiaries sometimes have to advance the cost when the estate has no liquid funds, then seek reimbursement from the estate later.

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What Constitutes the Formal Probate Threshold in Florida?

Florida's probate threshold is currently set at $75,000. That means if the total value of a person's estate is less than $75,000, their heirs can inherit without going through probate.

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What Are the Costs Associated with Probate in Florida?

Probate in Florida commonly costs 3% to 7% or more of the estate's value, covering court filing fees, attorney's fees, personal representative's fees, and expenses such as appraisals and creditor notices.

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Is Notarization Required for a Will in Florida?

No, a will does not need to be notarized in Florida to be valid. However, notarizing the will can make it easier to probate the estate after the person's death.

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Can a Property Remain in the Name of a Deceased Individual?

The basics: a mortgage represents debt owed by a borrower that is secured (or “collateralized”) by real property that is, almost always, in the borrower’s name, such as the family home.

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