Experienced Legal Help For All Your Florida Probate Needs

Last updated on March 10, 2025

When someone passes away, their family members and loved ones must tend to the final affairs of their estate. This often requires probate – a legal process in which a decedent’s will is verified, final debts and taxes are paid and ownership of property is transferred to heirs and beneficiaries. Without the help of an experienced attorney, probate can be highly complex.

In the Orlando metro area, you can find the help you need by contacting C.J. Hilliard Law, P.A. Our attorney provides experienced, comprehensive and supportive representation in probate and all related legal matters. Our probate lawyer has earned the trust of many former clients for her experience, legal skill and tireless advocacy.

Do All Florida Estates Go Through Probate?

Not all estates in Florida must go through the probate process. Also commonly called estate administration, probate is generally necessary when a person who passed away owned assets solely in their name. Even if they had named heirs for said property in their will, probate is often necessary to validate the will and officially transfer ownership.

If nonexempt estate assets exceed $75,000 and it has been less than two years since the decedent passed away, the estate will need to go through formal estate administration, which is more labor-intensive and involves more court oversight. However, if an estate is small and there are no inheritance disputes, it likely qualifies for summary probate administration, which is typically faster, easier and less expensive.

A skilled estate planning lawyer can help you employ strategies to avoid or minimize probate. For example, assets held in a living trust do not go through probate, as they are directly transferred to beneficiaries. Joint ownership with rights of survivorship, payable-on-death accounts, and beneficiary designations on retirement accounts and life insurance policies are other strategies to bypass probate.

What Are Probate Assets?

Probate assets are those that do not automatically transfer to a beneficiary upon the owner’s death. Common probate assets include:

• Solely owned real estate
• Bank and investment accounts without designated beneficiaries
• Personal property, such as jewelry, art or collectibles
• Vehicles titled solely in the decedent’s name
• Business interests owned individually
• Unpaid wages or commissions owed to the deceased
• Assets left to the estate in a will

Nearly any asset could be subject to probate under certain circumstances. Assets exempt from probate are typically those that have been transferred through other means (trusts, payable-on-death accounts, etc.).

Probate With A Will Vs. Probate Without A Will

When a person passes away in Florida, the probate process helps to ensure their assets are distributed appropriately, according to their preferences. The presence or absence of a will significantly impacts how the probate process unfolds.

If the deceased left a valid will behind, it typically dictates how their assets are divided. The will names beneficiaries and may appoint a personal representative to oversee the estate’s administration. The probate court validates the will, which helps ensure the decedent’s wishes are honored. This process includes settling debts, taxes and other expenses before distributing the remaining assets to the named heirs and beneficiaries.

When someone dies without a will, they are considered to have died “intestate.” In such cases, the intestate succession laws Florida follows will govern the distribution of the deceased’s assets. Under Chapter 732 of the Florida probate code, the closest relatives have top priority if the decedent left no will behind:

● Surviving spouse: If there are no descendants, the spouse inherits everything. If there are descendants, the spouse typically receives half of the estate, with the other half divided among the descendants.
● Descendants: If there is no surviving spouse, the descendants inherit the entire estate.
● Parents: If there is no surviving spouse or descendants, the estate passes to the decedent’s parents.
● Siblings and their descendants: If the parents are also deceased, the estate is typically distributed among the decedent’s siblings or their descendants.
● Extended relatives: If no immediate family exists, the estate may pass to more distant relatives, such as grandparents or cousins.

Florida intestate succession laws help ensure that assets are distributed in a manner that aligns with what most people would consider fair. However, intestate succession applies only to probate assets – those solely owned by the decedent without automatic succession provisions.

For personalized guidance, consult a qualified Florida probate attorney to navigate the complexities of probate law and ensure compliance with all legal requirements. This step also helps to preserve and honor the final wishes of the deceased.

The Steps In The Florida Probate Process

The Florida probate process involves numerous important steps and executor duties, some of which can be complicated and time-consuming. First, a petition is filed with the probate court to open the estate. This is usually done by the person named the personal representative (executor) in the will. Once the court approves, the personal representative is officially appointed and granted the authority to manage the estate.

The next step involves identifying and valuing all probate assets. This requires compiling an inventory of the decedent’s property and having it appraised, if necessary. The executor must also notify creditors (directly and through a public notice) and settle any outstanding debts and taxes. If there are disputes regarding debts, they will need to be resolved with the help of a probate lawyer.

Once expenses and debts are paid, the personal representative distributes the remaining assets to named heirs and beneficiaries as outlined in the will. If there are any inheritance disputes or other estate issues requiring litigation, they must be resolved before distribution can occur.

Finally, the executor files a final accounting with the court, detailing the estate administration process. Upon approval, the estate is closed.

Ease Your Burdens By Working With A Trusted Probate Lawyer

Probate is complicated and can be difficult to understand for nearly anyone who isn’t trained as an estate law attorney. That’s why Florida Probate Rule 5.030(a) requires personal representatives to be represented by a probate lawyer in any formal probate administration proceedings.

It isn’t legally mandatory to hire an attorney for help with summary probate administration, but doing so is nonetheless a wise decision. As the personal representative overseeing probate, you will be expected to complete all duties, file all paperwork and meet all deadlines without mistakes or omissions. A judge will hold you to these same high standards whether you have an attorney or have chosen to file pro se. The costs of mistakes and delays could easily be higher than the money you save by forgoing a probate lawyer.

Finally, most personal representatives try to complete important work while mourning a loss. Trusting your case to an experienced attorney like Claire J. Hilliard can allow you more time and energy to focus on taking care of yourself and those you love.

Where Probate Cases Are Handled In Florida

Probate proceedings in Florida are guided by specific rules regarding venue, ensuring that each case is handled in the appropriate jurisdiction. According to Florida law, the venue for probate of wills and granting letters is primarily in the county where the decedent was domiciled at the time of their death. This means that if the decedent lived in Florida, their estate will typically be probated in the county of their residence.

If the decedent did not have a domicile in Florida, the probate proceedings are held in any county where the decedent owned property. In the absence of both domicile and property, the venue may be established in the county where any debtor of the decedent resides. This structured approach ensures that probate cases are managed efficiently and in a location relevant to the decedent’s connections within the state.

For those residing in Winter Garden and its surrounding areas, probate cases are managed by the Orange County Court Probate Division. This division is committed to providing efficient and effective processing of probate matters, ensuring that the decedent’s estate is administered in accordance with Florida law. The Orange County Court Probate Division is located at 425 N. Orange Ave., Suite 335, Orlando, FL 32801.

Find Out How Our Firm Can Help – Contact Us Today

C.J. Hilliard Law, P.A., represents clients throughout the Orlando metro area. To get your questions answered and discuss your legal options with an experienced probate lawyer, call our Winter Garden office at 407-255-7607 or reach out online.