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Probate FAQs

1. What is Probate?

Probate is the legal/court process for distributing a deceased person's assets and resolving claims against the “estate.”


2. Do All Estates Have to Go Through Probate in Florida?

No. In Florida, there are numerous ways to avoid probate. Creating a trust, titling property with survivorship provisions, and establishing transfer-on-death designations for financial accounts are just a few ways to avoid probate.


3. How Long Does the Probate Process Take in Florida?

The duration of probate can vary depending on the complexity of the estate, whether it is contested, and other factors. But typically, probate in Florida takes about six months to a year to complete.


4. What Are the Responsibilities of a Personal Representative?

A personal representative is responsible for managing the deceased person's estate, including identifying and inventorying assets, paying debts and taxes, and distributing assets to beneficiaries according to the will or Florida’s intestacy laws. The personal representative is a fiduciary and must act under strict guidelines.


5. Can I Contest a Will in Florida?

Grounds for contesting a will may include lack of testamentary capacity, undue influence, fraud, or improper execution. Contesting a will can be a complex legal process so it’s best to seek legal guidance.


6. How Are Assets Distributed if There is No Will?

If there is no will, Florida's intestacy laws determine how assets are distributed. See Florida Statutes, Chapter 732.


7. What Are the Different Types of Probate in Florida?

Florida offers several types of probate, including formal administration, summary administration, and ancillary administration for out-of-state residents who own property in Florida. The appropriate type of probate will depend on the circumstances of the estate.


8. Do I Need an Attorney for Probate in Florida?

Under Florida Probate Rule 5.030, “every personal representative, unless the personal representative remains the sole interested person, shall be represented by an attorney admitted to practice in Florida.” But, a “personal representative who is an attorney admitted to practice in Florida may represent himself or herself. . . .” Id.


9. How Much Does Probate Cost in Florida?

The cost of probate in Florida can vary depending on factors such as the size and complexity of the estate, attorney fees, court costs, and other expenses. It's best to consult with an attorney to get an estimate of the potential fees and costs involved.


10. Where Can I Get More Information About Probate in Florida?

For more information about probate in Florida or to schedule a consultation with a probate attorney, please call 754-400-5150 or contact us online. Let the Law Offices of Evan M. Rosen serve you!

Client Reviews
★★★★★
Mr. Rosen was recommended to us by our friends and we highly recommend him for his excellent service. He represented us in the matter of foreclosure defense. His comprehensive and detailed knowledge of Florida law, federal law, and ongoing relevant cases was key to building a robust and winning strategy for our case. He presented us with several options and the risks associated with each, but ultimately, we picked the one that worked best for us. Mr. Rosen and his legal team are highly professional and always easily approachable via phone or e-mail. Once again, highly recommended. Jadwiga M.
★★★★★
In a few words, Evan Rosen saved my house. He got a final judgment in my favor. The judge gave the bank many opportunities (continuance of the trial even a mistrial) to solve all the issues that Evan Rosen will bring up to the judge (issues that were wrong with my case). In the end, his arguments could not be overlooked by the judge and Evan won the judgment in favor of the defendant (me) and an involuntary dismissal of the case. If you want to have the best chances to win your foreclosure case, you need Evan Rosen on your side. He is the Super Lawyer. I have seen him flying out of the courthouse. Oscar D.
★★★★★
I am so grateful first to god and for the blessing of putting attorney Evan Rosen and his team of professional, in our lives. If you are going through a foreclosure and don't know what to do, I can honestly tell you that attorney Evan Rosen is the person to talk (855-55-Rosen) he takes his time to hear your situation and never sugar coats anything and he does not give you false hope. He is an attorney that you can be sure will fight the fight for you. I know nowadays it's hard to find an attorney that you can trust, but know this, you will not regret the day you choose him. Julie D.