Compassionate Legal Guidance Through the Probate Process
What Is Probate in Florida?
Probate is the court-supervised legal process of settling a person's estate after death. This includes validating the will (if one exists), identifying and gathering assets, paying debts and taxes, and distributing remaining assets to rightful beneficiaries.
In Florida, probate ensures that a deceased person's wishes are carried out according to the law. However, the process can be time-consuming and emotionally taxing—especially when family conflict or complex assets are involved. At Gold Legacy Law, we provide steady legal guidance to navigate probate efficiently and honor your loved one's legacy.
Types of Probate in Florida
Florida offers different types of probate proceedings based on the value and complexity of the estate:
1. Formal Administration
This is the standard probate process for most estates exceeding $75,000 in value or involving real property. A personal representative (executor) is appointed by the court to manage the estate.
2. Summary Administration
For smaller estates valued under $75,000 (excluding exempt property), or when the decedent has been deceased for over two years, summary administration is a faster, simplified process.
3. Disposition Without Administration
Used only for extremely small estates where the decedent left minimal assets and the cost of final expenses exceeds the asset value. This option avoids formal probate entirely.
At Gold Legacy Law, we help determine the most appropriate probate path based on the estate's details and your family's needs.
Key Steps in the Florida Probate Process
Every probate case is different, but most Florida probate proceedings include the following steps:
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Filing a Petition with the Probate Court
The process begins by filing a petition to open probate in the county where the decedent lived. -
Appointment of a Personal Representative
The court appoints a personal representative to oversee the administration of the estate. -
Notice to Creditors and Beneficiaries
Proper notice is given to all interested parties and potential creditors to file claims within a statutory time frame. -
Inventory and Valuation of Assets
Assets are identified, appraised, and accounted for. -
Payment of Debts and Taxes
The personal representative ensures that all valid debts, taxes, and final expenses are paid from the estate. -
Distribution of Assets
Once debts are settled and any disputes resolved, the remaining assets are distributed to beneficiaries according to the will or Florida intestacy laws. -
Closing the Estate
A final accounting is filed, and once approved, the court issues an order to close the estate.
Our probate attorneys at Gold Legacy Law guide personal representatives step-by-step to ensure legal compliance and efficient administration.
When Is Probate Required in Florida?
Probate is required in Florida when:
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The decedent owned assets in their individual name at death;
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There is no named beneficiary or co-owner with rights of survivorship;
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The estate includes real property that needs to be retitled or sold;
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The decedent had creditors or tax liabilities to resolve.
However, not all assets go through probate. Jointly owned property, life insurance policies, accounts with designated beneficiaries, and assets held in a revocable living trust may avoid probate entirely.
At Gold Legacy Law, we evaluate each estate to determine what assets are subject to probate and whether any avoidance tools are in place.
Common Probate Challenges We Handle
Our experienced team handles all aspects of probate administration, including:
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Contested wills and estate litigation
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Breach of fiduciary duty claims
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Beneficiary disputes
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Removal of personal representatives
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Heirship determination for intestate estates
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Property disputes and title transfers
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Guidance for out-of-state personal representatives
When disputes arise, we protect your interests with skilled negotiation and, when necessary, litigation support.
Why Choose Gold Legacy Law?
At Gold Legacy Law, we take pride in our compassionate, transparent, and efficient approach to probate law. Here's what makes us different:
✅ Experience You Can Trust – Our attorneys have years of experience guiding clients through all forms of probate and estate matters in Florida.
✅ Local Knowledge, Personalized Service – We are deeply familiar with Florida's probate courts and laws, and we treat every client like family.
✅ Bilingual Support – We serve a diverse client base and offer Spanish- and Russian-language support for families navigating complex estate matters.
✅ Flat Fees & Clear Communication – No surprises. You'll always know what to expect with upfront pricing and timely updates.
✅ Full-Service Estate Guidance – From estate planning to probate and trust administration, we're with you at every stage of your legacy planning journey.
How Gold Legacy Law Supports You
Whether you're grieving a loss or preparing your own estate, our Florida probate lawyers offer:
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Initial Case Review
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Customized Legal Strategy
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Document Preparation & Filing
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Court Representation
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Asset Transfers & Distributions
Let us ease your burden with respectful and responsive legal care.
Frequently Asked Questions
How long does probate take in Florida?
Most formal administrations take 6–12 months, depending on the estate's complexity and whether any disputes arise.
Do I need a lawyer to go through probate?
Yes, Florida law requires personal representatives (except for certain small estates) to be represented by a licensed attorney.
Can probate be avoided?
Yes, with proper estate planning tools like revocable trusts, joint ownership, and payable-on-death designations.
Schedule Your Probate Consultation Today
If you've lost a loved one and need guidance with Florida probate, Gold Legacy Law is here for you. We help you honor their wishes, avoid legal pitfalls, and move forward with peace of mind.
📍 Serving all counties in Florida.
📞 Call us at (954) 693-6594
🖥️ Or fill out our Contact Form to schedule a consultation.