Florida Probate FAQs – Answers from St. Augustine Probate Attorneys

Understanding the Florida Probate Process

At St. Johns Law Group, we help families across Northeast Florida navigate the probate process with clarity and compassion. Whether you’re serving as a personal representative or a beneficiary, it’s normal to have questions about what to expect.

This Florida Probate FAQ page is designed to answer the most common questions we receive about estate administration, timelines, costs, responsibilities, and more.

Frequently Asked Questions About Florida Probate

❓ What is probate?

Probate is the legal process of settling a deceased person’s estate. It involves identifying assets, paying debts and taxes, and distributing remaining property to beneficiaries. Florida probate typically occurs in the county where the deceased resided.

❓ Do all estates go through probate in Florida?

No. Not all estates require probate. If all assets are jointly owned, payable on death, or held in a trust, probate may not be necessary. However, if the decedent owned property solely in their name, probate is usually required.

❓ What are the types of probate in Florida?

There are three primary types:

1. Formal Administration – Full court-supervised probate, required for larger or more complex estates.

2. Summary Administration – A simplified process available for estates worth $75,000 or less (excluding exempt property) or if the person has been deceased more than 2 years.

3. Disposition Without Administration – Available only in very limited circumstances, such as small amounts for final expenses.

❓ How long does probate take in Florida?

It depends on the type of administration and complexity of the estate:

• Summary Administration: 1–3 months

• Formal Administration: 6–12 months (or longer if litigation or creditor claims arise)

Timelines can vary based on court schedules, asset types, and whether disputes occur.

❓ What is a personal representative?

A personal representative (also known as an executor) is the individual appointed by the court to manage the estate. Their duties include:

• Identifying and gathering assets

• Notifying creditors

• Paying debts and taxes

• Distributing property to beneficiaries

• Filing necessary court documents

Our attorneys often assist personal representatives to ensure full legal compliance and reduce stress.

❓ What happens if someone dies without a will in Florida?

When a person dies intestate (without a will), Florida’s intestacy laws determine who inherits the estate. Typically, the surviving spouse and/or children are first in line, but it depends on the family structure.

The probate court will also appoint a personal representative according to Florida Statutes.

❓ How much does probate cost in Florida?

Costs can vary depending on the size and complexity of the estate, but typical expenses include:

• Court filing fees

• Attorney’s fees

• Personal representative fees

• Appraisal or accounting services

• Publication and notice fees

Florida law provides guidelines for reasonable attorney fees based on the estate’s value.

❓ Can I handle probate without a lawyer?

Florida law allows personal representatives to represent the estate only if they are the sole beneficiary. In most cases—especially in formal administration—you are required to have legal representation to ensure proper procedure and protect the estate from liability.

❓ Can probate be avoided?

Yes. Probate can be avoided or minimized through careful estate planning strategies, such as:

• Revocable living trusts

• Joint ownership with rights of survivorship

• Payable-on-death (POD) or transfer-on-death (TOD) designations

• Properly titled beneficiary accounts

Our attorneys offer estate planning services to help avoid probate where appropriate.

❓ What if I live out of state but need to handle Florida probate?

We represent many out-of-state heirs and personal representatives. In most cases, we can manage the probate process on your behalf without requiring you to travel to Florida. We handle filings, notices, and communication remotely.

❓ What is ancillary probate?

Ancillary probate is a secondary probate proceeding used when the decedent lived in another state but owned real estate or assets in Florida. We routinely assist with these matters for clients across the U.S.

Serving Families Throughout Northeast Florida

Our probate attorneys handle estate administration cases throughout:

• St. Johns County – St. Augustine, St. Augustine Beach, Ponte Vedra, Nocatee, Julington Creek

• Flagler County – Palm Coast, Bunnell, Flagler Beach

• Duval County – Jacksonville, Atlantic Beach, San Marco

• Clay County – Fleming Island, Green Cove Springs

• Putnam County – Palatka, East Palatka

• Southern Georgia – For estates with Florida property

📞 Still Have Questions? We’re Here to Help.

If you’re facing the probate process after the loss of a loved one, St. Johns Law Group offers trusted legal guidance every step of the way. Let us answer your questions and make the process as smooth as possible.

📞 Call (904) 495-0400
📍 Visit 104 Sea Grove Main Street, St. Augustine, FL 32080
🖋️ Schedule a Consultation: Contact Us