Probate & Trust Administration

Florida Summary Administration typically takes a few weeks to a few months once the petition is filed. Formal Administration normally runs six months to a year, because Florida law requires a 90-day creditor claims period after Notice to Creditors is published. Complex estates, such as contested wills, real estate sales, federal estate tax filings, or out-of-state property, can take longer. We manage the timeline and keep personal representatives informed at each step.

Summary Administration is a simplified probate available when the estate is valued at $75,000 or less (excluding homestead) or the decedent has been deceased for more than two years. There is no appointment of a personal representative. Formal Administration is Florida’s full probate process for larger estates and requires appointment of a personal representative who acts under court supervision. We handle both, along with Ancillary Administration for Florida property owned by non-Florida residents.

No. Assets that pass by operation of law, such as jointly held property with right of survivorship, retirement accounts or life insurance with named beneficiaries, transfer on death and payable on death accounts, and assets titled in a funded revocable living trust, do not go through probate. Whether probate is required depends on how each asset is titled at the time of death, not on whether there is a will.

Ancillary Administration is a Florida probate proceeding used when someone who lived outside Florida dies owning real estate or other tangible property in Florida. The primary probate takes place in the decedent’s home state, and ancillary probate transfers the Florida assets. We regularly serve out-of-state families and their attorneys in ancillary matters throughout South Florida.

Florida has strict rules. A personal representative must be either a Florida resident or a spouse, parent, sibling, child, or other close blood relative of the decedent (or the spouse of such a relative). The person must also be 18 or older, mentally and physically able to serve, and cannot have been convicted of a felony. If the named executor does not qualify, the court appoints someone else under Florida’s priority statute.

The main costs are court filing fees, publication costs, and attorney’s fees. Florida Statute 733.6171 sets a presumed reasonable attorney’s fee schedule based on the value of the estate, but fees can be set by agreement. Summary Administration is generally less expensive than Formal Administration. We discuss fees up front and provide a written engagement agreement before any probate work begins.

In almost every Formal Administration, Florida law requires the personal representative to be represented by an attorney. The only common exception is when the personal representative is the sole interested person or the estate qualifies for Disposition of Personal Property Without Administration. Summary Administration also generally requires an attorney. Rather than navigating probate alone, most Florida families retain counsel so filings, notices, and distributions are handled correctly.

Florida homestead is treated differently from other assets. It is protected from most creditors and passes to the surviving spouse and descendants under constitutional rules that override the will. The personal representative typically files a Petition to Determine Homestead Status of Real Property so title can transfer cleanly. Because the rules are specific and unforgiving, homestead issues should be reviewed early in the probate.

A Florida will contest must be filed in the probate court, and strict deadlines apply, often as short as 90 days from service of the Notice of Administration or 20 days after formal notice. Common grounds include lack of testamentary capacity, undue influence, improper execution, or fraud. Will contests are fact-intensive and time-sensitive, so anyone considering one should consult probate counsel immediately.

Probate is the court-supervised process of administering assets that were titled in a decedent’s individual name. Trust administration is the out-of-court process of administering assets held in a revocable or irrevocable trust after the grantor’s death. We represent personal representatives in probate and trustees in trust administration, assist in hiring specialty professionals such as accountants and appraisers, and distribute wealth and assets to beneficiaries in accordance with the governing documents.