Florida Probate Law Services Lawyers
Losing a loved one is never easy. On top of the emotional toll, there’s often a mountain of legal and financial matters to sort through. You might be wondering: “What happens to the deceased person’s assets?” “Who will be responsible for their debts now?” and “Do I have to go to court?” That’s what probate is all about.
Probate isn’t just about taking the necessary legal steps. It’s about closure. It’s about making sure your loved one’s wishes are honored and their estate is handled the right way. But too often, families get stuck in this process.
At Lappin Estate Planning, we strive to serve our clients with compassion during what may be one of the most trying times in their lives. We provide a full spectrum of probate law services with one goal in mind: to make sure everything is handled correctly and on time.
If you need our probate or estate law services, reach out to our team today. Call us at 561.778.8590 or submit a contact us form to set up a consultation.
What Is Probate Law?
Imagine this: A loved one passes away, and their house, bank accounts, and belongings don’t just magically transfer to the family. Instead, the legal system steps in to oversee everything. That’s what probate is.
Probate is the court-supervised process of handling a person’s estate after they pass away. It ensures that debts are paid, assets are distributed, and everything follows the law. If there’s a Will, the court verifies it and ensures the right heirs receive their inheritance. If there’s no Will, Florida law decides who gets what in accordance with its intestate succession laws.
Sounds straightforward, right? Well, that’s only in theory. In reality, probate can be slow, frustrating, and full of legal hurdles at every corner. Family disputes, creditor claims, or missing documents can complicate things and turn the whole thing into a disaster.
But with the right probate attorney, the process becomes much easier. At Lappin Estate Planning, we handle all probate-related matters on your behalf so that you have nothing to worry about and can focus on supporting yourself and your family through grief.
Types of Probate in Florida
Not all estates go through the same probate process. In Florida, the size and complexity of the estate determine which path it takes. Some estates move quickly, while others require more time and court involvement:
- Formal administration (the full probate process): This is the standard probate process and is required for larger estates. If the estate is worth more than $75,000 or the person passed away less than two years ago, formal probate is usually necessary. It involves appointing a Personal Representative (referred to in other states as an executor), notifying creditors, paying debts, and distributing assets. Formal probate process can take several months or even longer if any conflicts arise.
- Summary administration (the faster, simpler option): For estates valued at $75,000 or less in the absence of major complications, summary administration (also known as informal probate) might be an option. Summary administration is also an option if the deceased individual has been dead for more than two years. This is a streamlined version of probate that skips many of the formal steps, meaning heirs may receive their inheritance much faster.
- Disposition without administration (no probate at all): In rare cases, Florida allows a process called disposition without administration. This applies only when the estate is extremely small and consists solely of assets that are exempt from probate (for example, a person left behind only a few belongings and some final expenses).
Every estate is different. Some require full probate, while others qualify for a quicker alternative. The key is understanding which type applies to your situation.
Let Us Help
Your legacy is your story, your hard work, and your loved ones’ future. We make estate planning simple, personal, and built around what matters most to you. Our lawyer is here to help you create a clear plan that gives you confidence today and security for tomorrow.
The Role of a Probate Attorney
They handle complicated court filings, ensure debts and estate taxes are paid correctly, and make sure the decedent’s assets get to the right people, among other things. If family members start butting heads over inheritance (not an uncommon scenario, unfortunately), they step in to prevent a full-blown war. Think of probate like a complicated board game where the rules keep changing, and no one gave you the instruction manual. Now imagine playing that game while grieving the loss of a loved one.
Sounds like a plot to some psychological thriller movie. But, unfortunately, that’s real life and many people end up grappling with this challenge.
That’s where a probate attorney steps in—they understand the rules, they know the shortcuts, and they make sure you don’t get stuck in this process for longer than you have to.
So, what exactly do probate lawyers do?
- They take the legal stuff off your plate: Probate comes with a mountain of forms, deadlines, and legal hoops to jump through. Miss one step, and the process could drag on for months. Let your attorney handle all the filings, notifications, and court procedures so you don’t have to.
- They keep the peace in the family: Money and inheritance can bring out the worst in people. Disagreements between heirs can quickly spiral into full-blown legal battles. A probate attorney will step in as a neutral voice, keeping things fair and preventing unnecessary drama.
- They protect you from mistakes: Probate is full of traps for those who have no idea what they are supposed to do next. Did you pay off all the debts in the right order? Did you notify the correct heirs? One wrong move without a lawyer can cause costly delays or even legal trouble.
- They speed up the process: Nobody wants to be stuck in probate limbo. Without legal guidance, the process can take much longer than it should. A probate attorney knows the system inside and out and can help you avoid delays and unnecessary roadblocks.
- They give you one less thing to worry about: You shouldn’t have to spend months tangled in probate matters while grieving. With a probate attorney, you can focus on remembering your loved one and spending time with your family, not stressing over court documents and deadlines.
At Lappin Estate Planning, we can turn probate from a stressful burden into a smooth, guided process. You don’t have to figure this out alone. We are here to help.
The Probate Process
Each estate is different, but the probate process generally follows a series of key steps. Understanding these steps can help make the entire legal procedure feel more manageable. Let’s break this process down step by step.
Step 1: Opening the Estate
First things first, someone has to file a petition with the probate court to officially start the process. If there’s a Will, the court verifies it and appoints the executor named in the document. If there’s no will, the court steps in to appoint a personal representative (often a spouse or close family member).
- Note: Under Florida law, the Will must be deposited with the court within 10 days of learning about the decedent’s death (Fla. Stat. § 732.901).
Step 2: Notifying the Right People
Once probate is open, the estate must send out formal notices. Beneficiaries, heirs, and creditors all need to be notified. In Florida, there’s even a requirement to publish a notice in the local newspaper pursuant to Fla. Stat. § 733.2121. Why? To give creditors a chance to step forward and make claims.
Step 3: Taking Inventory
Before anything can be distributed, we need to figure out exactly what the estate includes. This means creating a detailed inventory of:
- Bank accounts, investments, and real estate
- Personal property (jewelry, vehicles, art, furniture)
- Business assets, retirement funds, and any other valuables
Some assets might skip the probate process (like life insurance policies with a named beneficiary), while others are stuck in the process. A lawyer will help you sort through the decedent’s estate assets to determine what does and doesn’t need to be inventorized.
Step 4: Paying Off Debts
Before anyone gets their inheritance, the estate must settle all outstanding debts. This includes credit card bills, funeral costs, medical expenses, mortgages and loans, and taxes. If there’s not enough money in the estate, things can get tricky. Some creditors may have to be prioritized, while others might get nothing. Your probate attorney’s job is to ensure the right debts are paid and that the deceased person’s estate isn’t drained unfairly.
Step 5: Distributing the Inheritance & Closing the Estate
Once the debts are settled and the court gives the green light, heirs and beneficiaries receive their rightful shares. If there’s a Will, we follow its instructions. If there’s no Will, Florida’s intestate succession laws (Fla. Stat. § 732.101-732.111) decide who gets what.
Things can get messy if family members disagree over what’s fair. A probate lawyer can help smooth things over or, if necessary, fight for your rights in court.
When everything is settled, you (or your lawyer) will submit a final accounting to the court. If the probate judge approves it, probate is officially closed, and the estate is considered fully settled.
Probate Court and Probate Litigation
No one expects family conflicts to surface after a loved one passes, but it happens more often than you might think.
Maybe someone believes they were unfairly left out of the Will. Maybe siblings can’t agree on how to divide a family home. Or maybe an unexpected creditor shows up and demands money from the estate. Either way, when disagreements arise, probate court is where they get settled.
Why Do Probate Disputes Happen?
Probate litigation happens when people can’t agree on some aspect of the estate. Some of the most common reasons for probate disputes include:
- Will contests – Someone believes the Will is invalid due to fraud, undue influence, or lack of capacity.
- Personal Representative disputes – The person handling the estate isn’t acting fairly or responsibly.
- Heir disagreements – Family members can’t agree on who gets what.
- Creditor claims – Unexpected debts or claims against the estate create complications.
These disputes can slow down probate, create stress, and even lead to lawsuits.
What Happens in Probate Court?
Most probate cases move through the system without major issues, but when conflicts arise, they may end up in court. If this happens, the judge will review the claims, listen to both sides, and make a final ruling. In some cases, mediation or negotiation can resolve disputes before things escalate to a full-blown legal battle.
No matter what side you are on, a probate attorney will help present your probate case clearly, protect your rights, and work toward a resolution that’s fair and legally sound. Whether you’re defending a Will, contesting one, or dealing with a difficult executor, legal guidance can help.
When to Call a Probate Attorney?
If you are facing a probate dispute, don’t wait until things get worse. The sooner you have legal representation, the better your chances of a resolution that aligns with your goals. At Lappin Estate Planning, we help clients handle probate conflicts with our unmatched experience, strategic planning, and a commitment to protecting each client’s rights.
Let Us Help
Your legacy is your story, your hard work, and your loved ones’ future. We make estate planning simple, personal, and built around what matters most to you. Our lawyer is here to help you create a clear plan that gives you confidence today and security for tomorrow.
Estate Planning and Avoiding Probate
Nobody likes to think about what happens after they’re gone, but planning ahead can save your loved ones from a lot of stress. Probate can be time-consuming, expensive, and emotionally draining, but the good news is that you can take steps to avoid it—or, at the very least, make it much easier for your family.
The key? Smart estate planning. A well-structured estate plan ensures your assets go directly to your loved ones without getting stuck in probate court. Here’s how you can do it.
1. Set Up a Living Trust
One of the most effective ways to avoid probate is by creating a Living Trust. Unlike a Will, a trust allows your assets to be transferred without court involvement. You still control everything while you are alive, but when you pass, your chosen trustee will distribute your assets privately and in accordance with your instructions. No court delays. Less fees. And, above all, no probate.
2. Use Beneficiary Designations
Certain assets don’t have to go through probate if you designate a beneficiary. These include:
- Life insurance policies
- Retirement accounts (401(k), IRA)
- Payable-on-death (POD) bank accounts
- Transfer-on-death (TOD) investment accounts
By making sure your beneficiaries are correctly listed, these assets can pass directly to your heirs without court involvement. However, POD and TOD accounts should not be used as a substitute for an estate plan. A Living Trust is a better and more effective option.
3. Joint Ownership
If you own property with someone else, certain types of joint ownership allow the property to transfer automatically when one owner passes away. There are two types of joint ownership:
- Joint tenancy with right of survivorship (the surviving owner automatically inherits the property)
- Tenancy by the entirety (this is for married couples and works similarly)
This keeps real estate out of probate and ensures a straightforward transfer of ownership.
4. Gifting Assets
If you give assets away before you pass, they won’t be part of your estate. And that means they won’t go through probate. The tax laws even allow you to gift up to $19,000 per person per year (as of 2025) without triggering any gift tax consequences.
5. A Clear, Legally Sound Will
A Will does not avoid probate, but it makes the process much easier for everyone. Without a Will, Florida’s intestate succession laws take over, deciding who inherits your assets—sometimes in ways you wouldn’t have wanted. A properly drafted Will ensures that your wishes are followed and that there are fewer chances for disputes.
Reasons to Avoid Probate
So, why do so many people try to avoid probate? Here are some of the biggest reasons.
1. Probate Can Be Expensive
Probate isn’t just about following legal steps. It comes with a price tag. The costs can vary based on the complexity and size of the estate, but common expenses include:
- Court filing fees
- Probate attorney fees
- Personal Representative fees (for the person managing the estate)
- Accounting and appraisal costs
- Publication fees (required public notices)
When combined, all these costs and fees can drain the estate.
2. Probate Takes Time
Probate can take months—or even years. The length of time depends on factors like:
- Whether the estate is large or complex
- If creditors or debts need to be resolved
- If there are disputes among heirs
- How busy the probate court is
A simple estate might take about six months, while a contested or complicated one could drag on for years. Meanwhile, beneficiaries may be stuck waiting for their inheritance, unable to access money or property until the process is complete.
3. Probate Is Public
When an estate goes through probate, it becomes a matter of public record. This means that anyone (nosy neighbors, creditors, scammers, and others) can look up the details of the estate, including:
- Who inherited what
- The value of the estate
- Who filed claims against the estate
For families who value privacy, this is a big reason to avoid probate. Estate planning tools like trusts allow assets to pass privately, without public exposure.
4. Probate Can Lead to Family Conflicts
Probate often stirs up old family tensions, leading to disputes over who gets what. Common probate battles include:
- Will contests (someone challenges the validity of the Will)
- Personal Representative disputes (family members argue over how the estate is handled)
- Inheritance disagreements (siblings or heirs fight over assets)
These disputes don’t just slow down the probate process—they can tear families apart. Proper estate planning helps reduce misunderstandings and prevent conflicts before they start.
5. Your Loved Ones May Face Financial Struggles
What if your loved ones rely on your assets to cover bills, rent, or medical expenses? Probate can freeze assets for months, leaving heirs unable to access money when they need it most.
For example, if your surviving spouse or children need immediate financial support after you pass, they could be stuck waiting for months while the estate is tied up in court. Setting up Living Trusts or joint ownership can ensure they have immediate access to funds without waiting for probate.
6. Probate Can Be Emotionally Draining
Losing a loved one is already hard enough. And adding legal stress makes it even harder. Probate forces grieving families to:
- Deal with legal paperwork during an emotional time
- Attend court hearings when they should be focusing on healing
- Manage conflicts with relatives over inheritance disputes
Instead of a quick transition of assets, probate often adds unnecessary stress and frustration. With proper planning, you can spare your family from this burden.
The good news? There are ways to bypass probate or make it easier for yourself and those you care about. At Lappin Estate Planning, we help families create customized estate plans that keep assets out of probate and in the hands of their loved ones, quickly and privately.
Guidance Through Probate
At Lappin Estate Planning, we act as your guide through the probate process, helping you move through each step smoothly, efficiently, and with less stress. Whether you are an executor trying to handle your loved one’s estate, a beneficiary unsure of your rights, or someone caught in a probate dispute, we are here to make things easier.
Here’s how we do it:
- We explain everything in plain language: Probate is full of legal rules and deadlines. We break everything down so you know exactly what to expect.
- We handle the paperwork: No one enjoys filling out legal forms, filing court documents, or dealing with creditors. Lucky for you, we will do it all for you.
- We keep probate moving: Probate can drag on for months (or longer) if not handled correctly. We make sure things always stay on track.
- We resolve disputes before they escalate: Inheritance conflicts? Will contests? Executor challenges? We help prevent probate battles that could drain the estate’s assets.
Clients trust our law firm because we provide personalized support, compassionate service, and bring proven experience to the table. Ready to talk to our lawyers? Call us at 561.778.8590 or contact us online via our website.
Frequently Asked Questions About Probate Law
Probate can be complicated, and several issues can further delay this court-supervised process, including:
- Will contests (disagreements over the validity of the will)
- Missing or unclear legal documents (if key paperwork is lost or incomplete, probate can take longer)
- Disputes among heirs (family conflicts over inheritance can slow down the process)
- Unpaid debts or taxes (the estate must settle outstanding bills before distributing assets)
- Personal Representative issues (if the Personal Representative fails to act properly, the court may need to step in)
But there is no problem that cannot be resolved, especially when you have a probate attorney by your side.
A Will is a legal document that states how someone wants their assets distributed after they pass. Probate is the legal process that ensures those wishes are carried out. A Will must go through probate before assets can be officially transferred, unless other estate planning tools (like a trust) allow assets to bypass probate.
The cost of the probate process varies depending on the size and complexity of the estate. Common probate expenses include:
- Court filing fees (these typically total a few hundred dollars)
- Probate attorney fees (these can be a flat rate or a percentage of the estate)
- Executor fees (the person appointed as the executor or personal representative may be entitled to compensation)
- Accounting and appraisal fees (some assets require valuation before distribution)
A simple estate might cost a few thousand dollars, while complex estates can rack up much higher fees.
In Florida, an attorney is required for formal probate, except in very small estates (Probate Rule 5.030(a)). Even if it’s not required, having an experienced probate attorney can make the process much smoother by handling legal filings, resolving disputes, and preventing costly mistakes.
Typically, the executor named in the will is responsible for filing probate. If the decedent died intestate (there is no will), a close family member (usually a surviving spouse, adult child, or another relative) can petition the probate court to become the personal representative of the estate.
A probate lawyer guides families through all the steps of settling an estate. This includes:
- Filing probate paperwork with the court
- Notifying heirs and creditors
- Assisting with paying debts and taxes
- Handling disputes between heirs
- Ensuring assets are distributed correctly
- Closing the estate when everything is settled
At Lappin Estate Planning, we provide a full spectrum of probate law services to make sure our clients don’t have to handle any legal matters on their own.
If you are hiring a probate lawyer, asking your potential candidates the following question will help ensure that you are making the right choice:
- How long do you expect probate to take for this estate?
- What are the estimated costs and fees?
- Are there ways to speed up the process?
- How will you communicate updates to me?
- What happens if a family member disputes the will?
- Do you also handle estate planning to help avoid probate in the future?
Have this list of questions on hand ready to use for your next phone conversation with a prospective lawyer. And feel free to add your own questions to the list.
Most attorneys who specialize in estate planning also specialize in probate. Lappin Estate Planning specializes in both.
A probate lawyer helps families with navigating probate proceedings after someone has passed. They handle court filings, distribute property, and resolve disputes.
An estate planning lawyer, on the other hand, helps people plan ahead to protect their assets and avoid probate. They create Wills, Trusts, and other legal tools to ensure a smooth transfer of assets after death.
It depends. If you only have a Will (or no estate plan at all), your estate will likely go through probate. However, if you use estate planning tools like living trusts, beneficiary designations, and joint ownership, your assets may be able to bypass probate entirely.
Before heirs can receive their inheritance, the estate must first pay off all outstanding debts and estate taxes. The executor:
- Identifies and notifies creditors
- Uses estate funds to pay valid debts
- Files a final tax return and pays any owed taxes
- Distributes the remaining assets to heirs after debts are settled
If the estate doesn’t have enough funds to cover debts, Florida law determines the order in which creditors get paid. Often, some debts go unpaid.
Contact Us
Your future needs a plan—one that makes the most sense for your unique situation. At Lappin Estate Planning, we’re here to guide you through every step, from wills and trusts to asset protection and probate matters. Let’s build a strategy that fits your needs. Contact us today to start planning.
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