Florida Probate Law: What Families Should Know

When a loved one passes away, families are often left juggling grief alongside unfamiliar legal responsibilities. One of the most common questions we hear is, “What happens next?” In many cases, the answer involves probate.

Probate is the legal process used to settle a person’s estate after death. It ensures outstanding debts are paid, and remaining assets are distributed according to the person’s wishes, or according to Florida law if no will exists. While probate is a normal and necessary process, it can feel overwhelming without clear guidance. Understanding the basics can make a difficult time a little more manageable.

Most estates require an attorney

In Florida, probate is more formal than many people expect. With very limited exceptions for small estates, Florida law generally requires an attorney to guide the probate process. This is because probate involves court filings, legal notices, deadlines, and precise procedures that must be followed correctly. Attempting to navigate probate without legal support can lead to delays, added stress, or costly mistakes.

An experienced probate attorney helps ensure everything is handled properly from the beginning, saving families time and worry during an already emotional period.

The two main types of probate in Florida

Florida recognizes two primary types of probate administration, and which one applies depends on the size and complexity of the estate.

Formal Administration is used for larger or more complex estates. This process involves ongoing court supervision, appointment of a personal representative, notification of creditors, and careful management of estate assets before final distribution. While more involved, it provides structure and protection when estates include significant assets, disputes, or creditors.

Summary Administration is a simplified process available for smaller estates that meet specific criteria. It is generally faster and less expensive than Formal Administration, but not all estates qualify. An attorney can quickly determine whether Summary Administration is an option and explain what documentation is required.

Out-of-state property can complicate matters

Florida is a popular place to own property, especially for seasonal residents and retirees. If someone lived in another state but owned property in Florida, their family may need to go through what is called ancillary probate. This is an additional probate proceeding in Florida that works alongside the primary probate case in the home state.

Ancillary probate often comes as a surprise to families, especially when they assumed everything would be handled elsewhere. Proper planning can sometimes avoid this extra step, but when it is necessary, having Florida-based legal guidance is essential.

Planning ahead can simplify or even avoid probate

One of the most important things families should know is that probate is not always unavoidable. Thoughtful estate planning can significantly reduce the time, cost, and complexity involved.

A last will and testament doesn’t avoid probate. Instead, it serves as the guiding document used during the probate process to explain your wishes and direct how your estate should be handled. Other planning tools, such as trusts, beneficiary designations, and proper asset titling, can help certain assets transfer directly to loved ones without going through probate at all. Thoughtful planning protects your wishes and can significantly reduce stress, delays, and uncertainty for your family during a difficult time.

Compassionate guidance matters

Probate is not just a legal process. It’s a deeply personal experience for families coping with loss. Having a trusted legal team makes a meaningful difference.

At Carr Law Group, we help families navigate Florida probate with clarity, compassion, and more than 20 years of elder law experience. Our goal is to handle the legal complexities so you can focus on what matters most, honoring your loved one and taking care of your family.

If you have questions about probate or want to plan ahead, Lee Carr II and the team are here to help. Clear answers and steady guidance can bring peace of mind when it is needed most.