Probate and Trust Administration
Honest guidance through Florida probate, one careful step at a time.
When a Florida resident passes, the law sets out a process. We handle it on behalf of families so they can focus on what matters.
Probate is the court-supervised process by which a deceased Floridian's assets are gathered, debts and taxes are paid, and the remainder is distributed to beneficiaries. Most probate matters are filed in the circuit court of the county where the person lived. The process can be straightforward or complex depending on the size of the estate, the clarity of the documents, and whether anyone contests the will.
A great deal of probate can be avoided with careful planning. In Florida, three categories of assets generally bypass the probate process. The first is jointly owned property with right of survivorship, which passes by operation of law to the surviving owner. The second is property held in a properly funded revocable living trust, which is governed by the trust agreement, not the probate court. The third is any account with a valid beneficiary designation, including life insurance, retirement accounts, and pay-on-death bank accounts.
It is worth pausing on two common misconceptions. Joint ownership does not always avoid probate. Tenancy in common, for example, leaves a deceased owner's share to pass through the estate. And testamentary trusts, the kind created inside a will, do not avoid probate at all. They only come into existence after the will is admitted, which means probate must occur first.
When probate is necessary, we handle the entire matter. We open the estate, secure letters of administration for the personal representative, identify and value assets, publish the required notices to creditors, address valid claims, prepare the inventory and accounting, and distribute the estate. For smaller estates we use summary administration. For real estate located in another state, we coordinate ancillary probate with local counsel.
Trust administration runs in parallel for families with funded living trusts. Although it avoids the courthouse, trust administration still involves notices to beneficiaries, asset transfers, debt resolution, and tax filings. We take the same careful, orderly approach we use in probate, with regular communication so the family is never left guessing.
Common questions
Questions families ask us first
What exactly is probate in Florida?
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Probate is the court-supervised process of identifying a deceased person's assets, paying valid debts and taxes, and distributing what remains to the rightful beneficiaries. In Florida it is handled by the circuit court in the county where the person resided.
How long does Florida probate take?
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A simple formal administration typically runs six to nine months. Summary administration for smaller estates can be much faster. Contested matters or estates with complex assets can take a year or more. We give you a realistic estimate after reviewing the file.
Does joint ownership always avoid probate?
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No. This is one of the most common misunderstandings we see. Tenancy by the entireties between spouses and joint tenancy with right of survivorship do pass automatically. Tenancy in common does not, and a property owned jointly with an adult child can create unintended tax and creditor exposure.
Do testamentary trusts avoid probate?
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No. A testamentary trust is created inside a will and only comes into existence after the will is admitted to probate. Only a properly funded living trust avoids probate at the first death.
Can probate be avoided entirely?
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Often, yes. A funded revocable living trust, joint titling between spouses, life insurance with named beneficiaries, and properly designated retirement accounts can move most of an estate outside the probate process. We design plans with this in mind.
Speak with an attorney
Your first conversation with our office is always free.
Call our Largo office or send us a note. We answer questions in plain language, and we will tell you honestly what your situation needs.