Probate Florida can seem overwhelming, but understanding the process can make estate administration much easier.
Many people try to avoid probate by creating trusts, gifting assets, or setting up complex arrangements. While avoiding complications and taxes is often the goal, what many don’t realize is that probate can offer significant benefits—especially when assets fall outside of a trust or unexpected matters arise near the end of life.
At The DeVries Law Firm, we help families navigate the probate process with clarity, compassion, and efficiency. Whether you’re trying to distribute an estate or untangle a difficult situation, we’re here to support you through every step.
Why Probate May Be Necessary
Even with careful planning, certain assets—like tax refunds, judgments, or last-minute transfers—can remain outside of a trust. In these cases, probate ensures:
- Real estate titles are properly transferred
- Creditors’ claims are resolved
- Assets not held in trust are legally distributed
- Settlements from wrongful death or accidents are processed through the estate
Our firm assists clients in handling everything from straightforward cases to complex estate matters involving multiple heirs, out-of-state property, or estranged family members.
Types of Probate in Florida
Depending on the size and nature of the estate, Florida offers several options for administration:
1. Disposition Without Administration
For very small estates—such as those with only exempt personal property or minimal assets—it may be possible to bypass full probate. This streamlined process is ideal when:
- Assets are exempt under Florida law
- Estate value is less than the cost of funeral and final medical expenses
- No real property needs to be transferred
2. Summary Administration
This quicker option is available when:
- The value of the estate (excluding exempt property) is less than $75,000
- The decedent has been deceased for more than two years
3. Formal Administration
For larger or more complex estates, this comprehensive process appoints a personal representative and includes detailed steps such as:
- Notifying creditors
- Managing disputes
- Distributing assets
- Filing necessary legal documents
Our probate attorneys ensure the process stays on track and complies with all Florida legal requirements.
What If There Is No Will?
When someone passes away without a valid will, Florida’s intestacy laws dictate how assets are distributed. This often raises questions such as:
- Who inherits when there are children from a previous marriage?
- How are estranged or missing family members handled?
- What rights do unmarried partners or stepchildren have?
We work closely with families to minimize confusion, reduce disputes, and ensure a lawful and fair outcome.
Ancillary Administration for Nonresidents
Did your loved one own property in Florida but live elsewhere? You’ll likely need to complete a separate probate process in Florida—called ancillary administration. We routinely handle this type of case, helping out-of-state clients manage Florida probate efficiently, without unnecessary travel or stress.
Probate Litigation
When disputes arise—over the validity of a will, creditor claims, or a breach of fiduciary duty—we’re prepared to represent your interests through probate litigation. Common issues include:
- Undue influence or incapacity claims
- Conflicting wills
- Breach of fiduciary duty by personal representatives
- Disputes over homestead or exempt assets
We approach these matters strategically, focusing on resolution, protecting your rights, and preserving family assets.
Fiduciary Guidance
If you’ve been named a personal representative, trustee, or guardian, we help ensure you:
- Fulfill all legal duties
- Avoid personal liability
- Distribute assets properly
- Keep accurate financial records
We know how overwhelming probate can feel—especially after losing a loved one. Our team is here to relieve the burden and make sure you’re fully informed at every turn.
Get the Guidance You Need
You don’t have to go through this alone. Whether you’re starting probate, facing estate disputes, or unsure which type of administration applies, we’re ready to help.