Top 10 Probate Questions & Answers

-Ormond Beach Probate Lawyer

1. How do I start probate in Florida?
   • File a petition with the probate court in the county where the deceased lived. You must submit the will (if one exists) and pay a filing fee. The court then appoints a personal representative (executor) to manage the estate.
2. How long does probate take in Florida?
   • Formal probate typically takes 9–18 months, depending on complexity. Summary probate may take 3–6 months. Delays occur if disputes arise or if there are many creditors.
3. What assets go through probate?
   • Assets titled solely in the deceased’s name, such as bank accounts, real estate, or personal property, usually go through probate. Assets in a trust, jointly owned with rights of survivorship, or with beneficiary designations typically avoid probate.
4. Can I avoid probate in Florida?
   • Yes, using tools like revocable living trusts, joint ownership with rights of survivorship, and beneficiary designations on accounts or insurance policies.
5. What is the role of a personal representative (executor)?
   • They manage the estate: collecting assets, paying debts and taxes, and distributing property according to the will or Florida law. They have a fiduciary duty to act in the estate’s and beneficiaries’ best interest.
6. How much does probate cost in Florida?
   • Court fees are typically $400–$600, plus attorney fees (often 3–5% of the estate). Costs can increase if the estate is complex, contested, or has real estate.
7. How do I contest a will in Florida?
   • File a petition in the probate court stating the legal grounds (fraud, undue influence, lack of capacity). Contests must generally be filed within 3 months of notice to beneficiaries.
8. What is the difference between formal and summary probate?
   • Formal probate: For larger or complex estates, involves full court supervision.
   • Summary probate: For smaller estates (less than $75,000 in 2026), simpler process with minimal court involvement.
9. How do creditors get paid during probate?
   • The personal representative notifies creditors, who have 3 months from notice to file claims. Valid claims are paid from estate assets before distributions to beneficiaries.
10. Can a beneficiary be removed from a will or trust?

• Only if there is valid legal cause, such as revocation by the grantor during their lifetime or successful will contest due to fraud or undue influence. Otherwise, a namedbeneficiary is generally entitled to their share.

• Need help navigating Florida probate law? Don’t go it alone. At our Fort Lauderdale law firm, attorney Andrew J. Pascale guides families through every step of the probate process—from validating wills to managing estates efficiently. Call us today at 877-667-1211 or visit https://www.flforeclosuredefensefirm.com to schedule a consultation. Serving clients in Ormond Beach and across Florida, including Palm Beach, Broward, Miami-Dade County and all of South Florida, we make probate simple and stress-free.”