Can I File Probate Without an Attorney in Florida?
- jvtaormina
- Sep 11
- 4 min read
Updated: Sep 12
When a loved one passes away in Florida, their estate often needs to go through probate before assets can be legally transferred to heirs and beneficiaries. Many people ask: “Can I file probate without an attorney?”
The short answer is sometimes—but in most cases, Florida law requires an attorney to represent the estate. Even when it’s not mandatory, having an experienced Orlando probate attorney can make the process smoother, faster, and far less stressful.
This article explains when probate can be filed without an attorney, the risks of trying to handle it alone, and why legal guidance is often the best path forward.
What Is Probate in Florida?
Probate is the court-supervised process of:
Validating a will (if one exists)
Identifying and gathering the deceased person’s assets
Paying valid creditor claims and final expenses
Distributing remaining assets to heirs or beneficiaries
In Florida, probate is handled in the county where the deceased person lived at the time of death. For example, if your loved one lived in Orange County, the case would be filed in the Orange County Probate Court in Orlando.
Do You Legally Need an Attorney for Probate in Florida?
Florida law generally requires an estate to be represented by an attorney in probate proceedings. The reason is that the personal representative (executor) is considered to be acting on behalf of others—creditors, beneficiaries, and heirs—not just themselves. Because of this, the court usually requires a licensed attorney to handle filings and court appearances.
Exceptions: When You Might Not Need an Attorney
There are very limited exceptions when probate may be filed without an attorney in Florida:
Disposition Without Administration
Used only for very small estates where the only assets are exempt from creditors (such as personal belongings or funeral expenses).
Typically does not involve real estate or significant financial accounts.
Summary Administration (rarely without an attorney, but legally possible)
Available if the estate is worth less than $75,000 (not counting exempt property), or if the person has been deceased for more than two years.
While the law does not always require an attorney here, the process can be complex, and most families still benefit from legal guidance.
In nearly all other cases—especially formal administration—Florida courts require you to hire an attorney.
Why Filing Probate Without an Attorney Is Risky
Even in situations where you technically can file probate without an attorney, it often comes with significant risks:
Complex Paperwork: Probate requires detailed court filings, creditor notices, and timelines. Missing a step can delay the case or even result in dismissal.
Creditor Claims: Creditors in Florida have strict rights during the probate process. Without legal guidance, you could mistakenly pay the wrong claims or fail to challenge invalid ones.
Heir Disputes: Even among small families, disputes over assets can arise. An attorney helps manage and resolve conflicts before they escalate.
Real Estate Issues: If the estate involves real estate—very common in Orlando probate cases—you may need court approval to sell or transfer the property. Mishandling this can create title problems that affect future sales.
Personal Liability: As a personal representative, you can be held legally responsible for mistakes. Having an attorney protects you from costly errors.
Florida Probate Court Requirements
Every Florida county follows state probate law, but local procedures may differ. For example:
In Orange County (Orlando), the probate court has specific filing requirements for petitions, inventories, and accountings.
Some courts require electronic filing, which can be confusing without legal experience.
Judges often expect attorneys to handle matters efficiently, especially in formal administration cases.
Trying to navigate these rules on your own can be overwhelming.
Common Questions About Filing Probate Without an Attorney
1. Can I just file the will with the court?
Filing the will alone does not transfer ownership of assets. Probate is usually required to legally move property into heirs’ names.
2. What if there’s no will?
If someone dies without a will (called intestate), Florida law decides who inherits. This almost always requires a probate attorney to ensure proper distribution.
3. How long does probate take if I don’t use an attorney?
Without legal guidance, probate can drag on for months or even years due to errors, missing documents, or creditor disputes.
4. Is probate always necessary in Florida?
Not always. If all assets were jointly owned, placed in a trust, or transferred by a lady bird deed, probate may not be required. An Orlando probate attorney can review your case and confirm.
Benefits of Hiring an Orlando Probate Attorney
Working with an attorney provides peace of mind and practical advantages, including:
Faster Process: Attorneys know the court system and can avoid unnecessary delays.
Creditor Protection: They can challenge improper claims and ensure creditors don’t take more than they’re entitled to.
Guidance on Real Estate: Probate lawyers in Orlando often work with title companies and realtors to handle the sale or transfer of property smoothly.
Reduced Stress: Losing a loved one is already difficult. An attorney handles the legal details so you can focus on your family.
Conclusion: Should You File Probate Without an Attorney?
While it may be possible in rare cases, most Florida families cannot—and should not—file probate without an attorney. The process is complex, deadlines are strict, and the risks of costly mistakes are high.
If you’re facing probate in Orlando or anywhere in Florida, don’t take on this burden alone. At Taormina Law, P.A., Attorney Joe Taormina has extensive experience guiding families through the probate process with professionalism, compassion, and efficiency. We are the "Probate Attorney Near Me".
📞 Contact Attorney Joe Taormina today at TaorminaLawPA.com to schedule a consultation. We’ll review your situation and help you understand your options for moving forward with probate in Florida.
Comments