321-723-8388
At Lemieux & Jacoby Elder Law Advocates, we specialize in guiding families through the probate process in FL, offering compassionate support and experienced legal counsel. When a loved one passes away, families are often left not only with grief but also with the responsibility of handling their estate. In Florida, this process is known as probate, and understanding it can help families navigate the legal and financial challenges during a difficult time.
What Is Probate?
Probate is a legal process used to validate a will (if there is one), pay off debts and taxes, and distribute the remaining assets to heirs or beneficiaries. If your loved one passed away without a will, Florida law determines how the estate is distributed.
The Essential Steps in the Probate Process in Florida
1. Filing a Petition
Probate begins by filing a petition in the Florida circuit court where the decedent resided. This formally initiates the estate proceedings and designates a personal representative (executor).
2. Validating the Will
If a will exists, its validity must be proven. In most cases, Florida courts accept wills that are self-proving (witnessed and notarized properly).
3. Notifying Creditors and Beneficiaries
Under Florida law, creditors and other interested parties must be notified of probate proceedings. In general, creditors have 90 days to submit claims against the estate.
4. Inventory and Appraisal of Assets
The personal representative is responsible for identifying, appraising, and protecting the assets of the estate, which may include real estate, bank accounts, investments, and personal property.
5. Paying Debts and Taxes
All pending obligations—such as medical bills, credit card debts, and any owed taxes—must be fully resolved prior to the distribution of the estate.
6. Distributing the Remaining Assets
After all debts and expenses are settled, the remaining assets are distributed either according to the terms of the will or, if there is no will, in accordance with Florida's intestacy laws.
How Long Does Probate Take in Florida?
In Florida, the probate process can range from six months to more than a year, depending on the estate's size and complexity. Factors such as disputes, multiple creditors, or unclear asset ownership can extend the timeline.
Types of Probate in Florida
Formal Administration: It is necessary for estates valued over $75,000 or when the decedent passed away less than two years ago.
Summary Administration: A quicker option for smaller estates under $75,000 or if the decedent has been deceased for more than two years.
Disposition Without Administration: It is only available in rare cases where the estate consists entirely of exempt personal property.
Why Having a Probate Attorney Matters
The probate process can be legally complex and emotionally overwhelming. Mistakes can delay the process or even result in financial penalties. At Lemieux & Jacoby Elder Law Advocates, we provide compassionate and experienced probate services for Florida families. Our mission is to ease your legal burdens, allowing you to focus on healing and honoring your loved one's memory.
Simplifying the Probate Process
If you're facing the probate process in Florida, you don’t have to do it alone. Reach out to Lemieux & Jacoby Elder Law Advocates today at 321-723-8388 or visit us online at lemieuxjacoby.com to schedule your consultation. We're dedicated to honoring your loved one’s wishes and safeguarding your family’s future—every step of the way.
