Probate in Florida

Understanding Probate

Probate is the legal process that oversees the distribution of a person’s assets after they pass away. In Florida, probate ensures that debts are paid and assets are transferred according to the decedent’s will—or, if there is no will, according to Florida’s intestacy laws.

The probate process can be straightforward, but it often feels overwhelming for grieving families. Working with an experienced Florida probate attorney can help guide you through each step with clarity and peace of mind.

Types of Probate in Florida

Florida law provides different types of probate administration depending on the circumstances:

• Formal Administration – The most common form of probate, used when the estate value exceeds $75,000 or when a personal representative is required.

• Summary Administration – A faster, simplified option for estates valued under $75,000 or when the decedent has been deceased for more than two years.

• Disposition Without Administration – The simplest form, available for very small estates, where final expenses can be reimbursed without court involvement.

Each option has specific requirements under Florida Statutes, and the right path depends on the estate’s size, debts, and the existence of a will.

The Role of the Probate Court

In Florida, probate cases are handled by the Circuit Court in the county where the decedent lived. The court supervises the process to:

• Validate the will (if one exists)

• Appoint a personal representative (executor)

• Notify creditors and pay valid debts

• Distribute assets to heirs and beneficiaries

Why Work with a Probate Attorney?

Florida probate law is governed by the Florida Probate Code (Chapters 731–735, Florida Statutes) and the Florida Probate Rules. These rules can be complex, especially for families dealing with disputes, multiple heirs, or business interests.

An attorney helps by:

• Ensuring all court documents are filed properly

• Guiding the personal representative through their duties

• Addressing creditor claims and protecting estate assets

• Reducing delays and avoiding costly mistakes

Compassionate Guidance for Families

At Jessica Elliott’s law office, probate is not just about legal paperwork—it’s about helping families through one of life’s most difficult transitions. Whether you are facing a complex estate or need guidance with summary administration, Jessica brings both legal experience and compassion to every case.