What is Probate in Florida and How Long Does it Take?
By Vito Bavaro, Esq. | Bavaro Legacy Law, PLLC | Lakewood Ranch & Sarasota, Florida
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If you have recently lost a loved one and someone mentioned the word probate, you are probably wondering what it means, how long it takes, and what it is going to cost your family.
Here is everything you need to know.
What is Probate?
Probate is the court supervised process of settling a deceased person's estate. When someone passes away owning assets in their name alone, without a trust or designated beneficiary in place, those assets must go through probate before they can be transferred to family members or heirs.
The probate court oversees the entire process to make sure assets go to the right people, creditors are properly notified and paid, and the person handling the estate fulfills their legal obligations.
In Florida probate is handled at the county level. Sarasota County estates go through the Sarasota County probate court. Manatee County estates go through the Manatee County probate court.
What Goes Through Probate?
Not everything a person owns requires probate. Assets that typically go through probate include real estate titled solely in the deceased person's name, bank accounts with no designated beneficiary or joint owner, investment accounts with no beneficiary designation, and personal property such as vehicles and jewelry.
Assets that typically bypass probate include life insurance policies with named beneficiaries, IRAs and 401ks with designated beneficiaries, jointly owned property that passes automatically to the surviving owner, and accounts designated as payable on death.
This is why beneficiary designations matter so much. A retirement account with a properly named beneficiary passes directly to that person without any court involvement regardless of what the will says.
The Two Types of Florida Probate
Formal administration is the full probate process required for estates worth more than seventy five thousand dollars or when the person has been deceased for less than two years. It involves filing a petition with the court, appointing a personal representative, publishing a notice to creditors, managing claims, filing an inventory, and ultimately distributing the estate to beneficiaries.
Summary administration is a simplified process available for smaller estates or when the person has been deceased for more than two years. It is faster, less expensive, and does not require the appointment of a personal representative.
How Long Does It Take?
Summary administration can often be completed in four to eight weeks for straightforward estates.
Formal administration typically takes nine to eighteen months. The single biggest reason for that timeline is Florida's mandatory ninety day creditor claims period. After the notice to creditors is published, the estate cannot be fully distributed for ninety days regardless of how simple or straightforward everything else may be.
Complex estates involving disputes among beneficiaries, creditor claims, real estate sales, or business interests can take two years or longer.
What Most Families Do Not Realize
Your assets are frozen during probate. Bank accounts, real estate, and investment accounts cannot be accessed or transferred until the court authorizes it. Family members who need funds during administration often find themselves in a difficult position during an already painful time.
Probate is public. Your will becomes a public record when it is filed with the court. Anyone can look up what your loved one owned, what they owed, and who received what.
A will does not avoid probate. This is the most common misconception I hear. A will is the document that goes through probate. It tells the court what your loved one wanted but it does not keep the estate out of court.
What Does It Cost?
Florida law sets attorney fees for probate at a statutory rate of up to three percent of the estate value. Additional costs include court filing fees, publication fees for the creditor notice, and potential appraisal fees. These are paid from the estate before distribution to beneficiaries.
What Are Your Options?
Every family's situation is different. The right estate plan, tailored to your specific assets and circumstances, can make a significant difference in how your estate is administered after your passing. What works for one family may not be appropriate for another.
At Bavaro Legacy Law we work with families across Lakewood Ranch and Sarasota to create plans that protect their assets, provide for their loved ones, and position their estates for the most efficient administration possible. If you are not sure whether your current plan is doing everything it should, a free consultation is the best place to start.
Already Dealing With Probate?
If you have recently lost a loved one and are facing this process, speak with a Florida probate attorney before taking any action. Moving assets, paying bills from estate accounts, or distributing property before the estate is formally opened can create personal liability for the person handling the estate.
At Bavaro Legacy Law we handle every step of the Florida probate process from beginning to end. Court filings, creditor notices, inventory, accountings, and final distribution. We take care of the legal process so your family can focus on what matters most.
If you are not sure whether probate is required for your loved one's estate, call us. We will review the situation at no charge and tell you exactly what is needed.
The Bottom Line
Probate in Florida is a real process with real costs and a real timeline. For most estates formal administration takes between nine and eighteen months with a statutory attorney fee of up to three percent of the estate value.
It is manageable with the right attorney guiding you through it. And if you have not yet faced it, now is the time to make sure your own plan is structured to protect your family when the time comes.
Vito Bavaro, Esq. is the founder and managing attorney of Bavaro Legacy Law, PLLC, serving families across Lakewood Ranch, Sarasota, Bradenton, Venice, and surrounding Manatee and Sarasota County communities. If you are searching for a probate attorney in Lakewood Ranch, a probate lawyer in Sarasota, or an estate planning attorney who handles Florida probate administration, we are here to help. To schedule a free consultation visit bavarolegacylaw.com or call us directly.
The information in this article is for general educational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this post. Please consult a licensed Florida attorney for advice specific to your situation.
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