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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.
If you have recently lost a loved one and are not sure whether probate is required, the most important thing you can do right now is speak with a Florida probate attorney before taking any action.
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Probate in Florida is not just a formality. It is a real process with real consequences for your family.
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. When your will is filed with the court it becomes a public record. Anyone can look up what your loved one owned, what they owed, and who received what.
The process takes time. Florida probate typically takes between nine and eighteen months for a straightforward estate. More complex estates can take significantly longer.
There is a mandatory ninety day creditor claims period. Even the simplest estate cannot be fully distributed until ninety days after the notice to creditors is published. That waiting period applies to every formal probate matter regardless of how straightforward everything else may be.
The costs come out of the estate. Florida law sets attorney fees for probate at a statutory rate of up to three percent of the estate value, paid from the estate before anything reaches your family.
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Losing a loved one is hard enough. The last thing your family should have to navigate alone is the Florida probate process.
At Bavaro Legacy Law we guide personal representatives and families through every step of Florida probate administration. Court filings, creditor notices, asset inventory, accountings, and final distribution. We handle the legal complexity 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.
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If you have recently lost a loved one and are facing the probate process for the first time, you are not alone and you do not have to figure this out by yourself.
The decisions you make in the days and weeks following a loss have real legal consequences. 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.
Before you do anything call us. We will walk you through exactly what is required, what the process looks like, and what it will cost. There is no charge for that initial conversation and no obligation to move forward.
You focus on your family. We will handle the rest.