Handling the estate of a deceased loved one is never easy. Grief, paperwork, and legal complexities can make the probate process feel overwhelming. At Lumsden Law, we understand the emotional and logistical burden this process places on families. That’s why we’re committed to providing clear, compassionate legal support to help you navigate probate with confidence and care.
This guide outlines the key steps in Florida’s probate process and explains why having a knowledgeable attorney by your side can make all the difference.
What Is Probate in Florida?
Probate is the legal process used to administer and settle the estate of someone who has passed away. It involves identifying the decedent’s assets, paying any debts or taxes, and distributing the remaining property to rightful beneficiaries according to a will—or, if no will exists, under Florida’s intestacy laws.
The Florida Probate Process: Step by Step
1. Opening the Estate
The process begins with filing a Petition for Administration in the circuit court of the county where the deceased resided. A certified death certificate and the original will (if available) are submitted.
2. Appointment of a Personal Representative
The court appoints a Personal Representative (also known as an executor) to manage the estate. If the will names someone, the court usually confirms that person. If no will exists, the court selects an appropriate representative, often a close family member.
3. Notification of Beneficiaries and Creditors
All known beneficiaries and creditors must be formally notified. Additionally, a Notice to Creditors is published in a local newspaper for two consecutive weeks to alert unknown creditors and allow them to file claims.
4. Inventory and Appraisal of Assets
The personal representative must identify and value all estate assets:
- Real estate
- Bank and investment accounts
- Vehicles
- Personal belongings
- Business interests
In some cases, formal appraisals are needed to determine market value accurately.
5. Payment of Debts and Taxes
Before distributing assets, the estate must settle all valid debts and tax obligations:
- Funeral costs and administrative fees take priority
- Valid creditor claims are paid accordingly
- The representative files and pays any required taxes, including federal estate taxes if applicable
6. Distribution of Remaining Assets
Once debts are paid:
- If there’s a will, the estate is distributed per its instructions
- If no will exists, Florida’s intestate succession laws dictate distribution
This includes transferring titles, distributing funds, and ensuring that each beneficiary receives what they’re legally entitled to.
7. Closing the Estate
To finalize the process:
- The personal representative files a final accounting with the court
- After court approval, the estate is closed, and the representative is officially released from their duties
Common Probate Challenges
Even when probate is routine, complications may arise, such as:
- Will contests: Disputes over the validity of the will
- Beneficiary disagreements
- Valuation of complex assets like businesses or intellectual property
- Disputes with creditors over questionable claims
At Lumsden Law, we have the experience to anticipate, prevent, and resolve these challenges efficiently.
Why You Should Hire a Probate Attorney in Florida
Although it’s legally possible to manage probate without an attorney, Florida law often requires legal representation, especially when formal administration is involved. Even in simpler cases, having a probate attorney can:
- Ensure full compliance with Florida probate rules
- Minimize the risk of delays or legal errors
- Help resolve beneficiary or creditor disputes
- Navigate complex or high-value estates efficiently
- Provide peace of mind by managing the legal workload
We serve as advocates, guides, and partners—protecting your rights while helping you carry out your loved one’s wishes with dignity.
Assets That Avoid Probate
Certain types of assets bypass the probate process entirely. These include:
- Jointly Owned Property: With rights of survivorship, ownership passes directly to the surviving co-owner.
- Beneficiary Designations: Life insurance policies, IRAs, and retirement accounts transfer to named beneficiaries.
- Living Trusts: Assets placed in a revocable or irrevocable trust are distributed according to the trust’s instructions without court involvement.
Understanding how to structure your estate to minimize probate can save time and money and protect your family from unnecessary delays.
Start the Probate Process with Confidence
If you’ve lost a loved one and need help with the probate process, Lumsden Law is here to guide you. Our experienced team can help you manage every step, from filing documents to resolving disputes, ensuring that your loved one’s legacy is handled with the respect it deserves.
Contact Lumsden Law today for a consultation and let us support you through the legal and emotional process of settling an estate in Florida.
