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Probate in Florida

Welcome to Hogan & Hogan, your trusted resource for understanding the probate process in Florida. Whether you’re dealing with the estate of a loved one or planning ahead, our experienced probate attorneys are here to provide clear guidance and legal support. If you have questions about probate, contact us today to learn how we can help you navigate the process with confidence.

Understanding Probate

Probate is the legal process in which a court validates the last will and testament of a deceased individual. It ensures the will is authentic, oversees the distribution of assets, and manages the settlement of outstanding debts. The probate process protects the rights of beneficiaries and creditors while making sure the wishes of the deceased are properly carried out.

The Importance of Probate

Probate plays a crucial role in protecting the rights and interests of all parties involved in an estate. It offers legal transparency, court oversight, and a structured process for the distribution of assets. Through probate, the decedent’s wishes are honored, and any outstanding debts and taxes are properly settled.

Watch Attorney Jeremy Hogan explain how probate works in Florida.

Watch Attorney Jeremy Hogan explain how probate works in Florida.

The General Probate Process in Florida May Include:

Steps in the Florida Probate Process

The probate process in Florida involves several legal and administrative steps to manage and distribute a deceased person’s estate. Here’s an overview of what to expect.

Filing the Will

Submit the deceased’s last will and testament to the local court within ten days of death. The court reviews and confirms its validity.

File for Probate

Once the will is validated, file a formal petition to begin probate and initiate estate administration.

Receive Court Authorization

The court grants the executor or personal representative legal authority to manage the estate.

Notify Beneficiaries

Inform beneficiaries named in the will, or determine heirs under state law if none are listed.

Inventory Estate Assets

Within 60 days, submit a detailed list of all assets, values, debts, and taxes owed to the court.

Settle Debts and Taxes

Use estate funds to pay debts, bills, and taxes before distributing assets.

Request Approval to Distribute Assets

After debts are paid, seek court approval to transfer remaining assets to beneficiaries.

Close the Estate

File a final petition to officially close the estate and conclude the probate process.

How long does probate take?
On average, formal probate administration in Florida takes six to nine months. Larger or more complex estates may take a year or longer.

How Our Attorneys Can Assist You

How Our Attorneys Can Assist You

Contact Us for Expert Probate Guidance

If you are facing the probate process in Florida, Hogan & Hogan is here to help you. Contact us today to schedule a consultation with our experienced probate attorneys. We are committed to providing compassionate and effective legal guidance as you navigate the complexities of probate and work towards honoring your loved one’s legacy.