probate attorney orlando

Probating a will in Florida generally starts by filing the original will with the clerk of the circuit court in the county where the person lived and opening a probate case. A judge then appoints a personal representative (executor) and the estate is administered under court rules, including notice to interested persons and creditors, payment of valid debts and expenses, and distribution of remaining assets.

Common steps include: filing the original will (if any) and a petition to open probate; appointing the personal representative; giving required notice to beneficiaries/heirs; identifying and safeguarding assets; publishing and serving notice to creditors; paying valid claims, expenses, and any required taxes; distributing remaining assets; and filing the documents needed to close the estate.

Executors manage the estate, ensure debts are paid, distribute assets according to the will, maintain records, and act in the best interests of the beneficiaries under Florida law.

Probate is typically opened in the circuit court (probate division) in the county where the decedent was domiciled. The filing usually includes a petition to administer the estate, the original will (if applicable), and supporting documents. The court then issues orders (including appointing the personal representative) and the estate proceeds through required notices, claims, accounting (if required), distribution, and closing.

If someone dies without a will, Florida intestate succession laws determine how assets are distributed to heirs based on family relationships and statutory guidelines.

After paying valid debts/expenses and making distributions, the personal representative typically files a petition for discharge (and related closing documents). A final accounting may be required in some cases, but it can sometimes be waived by beneficiaries or may not be required depending on the procedure used and court requirements.

Fees may include court filing fees, attorney fees, personal representative fees, accounting costs, and costs for appraisals or other estate administration services.

Yes. Interested parties can contest a will on grounds such as undue influence, lack of capacity, fraud, or improper execution within statutory deadlines.

Creditors are notified through the probate process and have a limited time to make claims. The executor evaluates and pays valid claims from the estate assets.

Probate timelines vary based on estate complexity, court schedules, and potential disputes, ranging from a few months for simple estates to over a year for complex or contested cases.

In Florida, a personal representative usually must be represented by an attorney in formal probate administration (with limited exceptions). Beneficiaries/heirs may also choose counsel, especially for disputes, creditor issues, or complex estates.

The Florida Estate Firm ensures proper court filings, compliance with deadlines, accurate accounting, creditor handling, and smooth distribution of assets in accordance with Florida law.

Some assets can transfer without probate (for example, survivorship property or beneficiary-designated accounts). But if probate is required to transfer title, assets may remain stuck in the decedent’s name, and the personal representative may be unable to lawfully collect, sell, or distribute them. There are also deadlines that may affect creditor rights and other claims, so timely legal advice is important.

Certain assets, such as those in trusts, joint ownership, or payable-on-death accounts, may bypass probate, but many estates still require court supervision for other assets.

The Florida Estate Firm provides guidance through Florida probate laws, protects executor and beneficiary interests, minimizes errors, and resolves disputes efficiently during estate administration.