Book a Consultation:
(941) 441-9193

The Ultimate Guide to Florida Probate

By
Andrej Cuturic, JD

If you lost someone close to you, the last thing you want to deal with is court forms and legal requirements. But here you are, trying to figure out what happens to the house, the bank accounts, the car, etc. If your loved one didn’t avoid probate through proactive estate planning, many of their assets are now “stuck” in their name. 

That’s what probate is for: it’s the legal process that authorizes a person to take possession of everything that’s “stuck” and transfer it to the heirs or beneficiaries of the deceased. It tells the court: here’s what they owned, here’s who’s supposed to get it, and here’s how we’re going to make that happen.

We’ve helped many families through this process in Florida. Some come in with a will in hand, others with nothing but questions. Some are grieving. Some are frustrated. Some are just trying to do the right thing and don’t want to mess it up.

Whether you’re the person named in the will, a family member trying to understand your rights, or someone planning ahead to make things easier for your own loved ones, this guide will walk you through everything you need to know about Florida probate, so you can make informed decisions about settling your loved one’s estate. 

WHAT’S INCLUDED IN THIS GUIDE?

Each chapter is designed to give you clear, practical information to help you understand the process, avoid common mistakes, and make informed decisions.

Chapter 1: What Is Probate? Plus, How to Avoid It

Learn what probate is, why it exists, and when it’s required in Florida. This chapter explains how the court gets involved and what happens to someone’s assets after they pass.

Chapter 2: The Florida Probate Process: Step by Step

This chapter walks through each stage of probate, from filing the petition to closing the estate. You’ll see what to expect and what’s required at each step.

Chapter 3: Contested Estates in Florida: What You Need to Know

Disputes over wills or asset distribution can delay probate. This chapter outlines common causes of conflict and how they’re resolved in Florida courts.

Chapter 4: Understanding Guardianship in Florida

When someone can’t manage their own affairs, the court may appoint a guardian. We explain how that works and what alternatives might be available.

Chapter 5: Small Estate Procedures in Florida

Some estates qualify for simplified probate. Learn when summary administration or disposition without administration might apply.

Chapter 6: Choosing a Florida Probate Attorney

The right attorney can make probate smoother and less stressful. This chapter helps you know what to look for and what questions to ask.