Probate is generally the process for passing assets to heirs once a family member has passed away. It involves validating the Will if there is one, paying any debts that must be paid, and distributing the assets to the heirs or beneficiaries.

How long does probate usually take?

The duration varies by state and the complexity of the estate. Some smaller estates can wrap up within a few months, while larger or disputed estates can take over a year. Promptly following legal guidelines and having proper documentation can help speed up the process.

Do all assets go through probate?

Not necessarily. Assets with designated beneficiaries—like life insurance policies or retirement accounts—usually bypass probate. Additionally, assets owned in joint tenancy often transfer directly to the surviving owner.

What if there’s no will?

When someone passes away without a valid will (known as dying “intestate”), state law determines who inherits and in what proportions. Probate will still likely be necessary, but the process follows statutory guidelines rather than a personal directive.

Can disagreements among heirs slow down probate?

Yes, disputes can lead to legal challenges or delays. However, an attorney can mediate conversations between family members, helping to clarify legal obligations and find amicable resolutions.

Do I need a probate attorney if the estate is small?

Even small estates can benefit from legal insight, especially if there are unique assets or debts involved. An experienced lawyer can ensure nothing slips through the cracks and that you’re following the proper filing procedures.

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How much does probate cost?

3% Contingency Fee: if you are selling the property.

If you are going to sell the property at the end of probate, you have the option of choosing contingency fee option. Our firm collects 3% of the sale price of the property, usually paid at closing. More thorough explanation of fees here.

Flat Fee Option: Starting at $3,750

If you want to keep the property or do not want the contingency option, we can take most summary administration cases for a flat fee of $3,750. Most undisputed cases are resolved for that amount. Complicated or disputed cases may have higher fees and costs. More thorough explanation of fees here.

What Is Probate?

Probate is the legal process of settling an estate after someone’s passing. It involves validating a will, identifying assets, paying debts, and distributing property to beneficiaries. While it may seem daunting, probate ensures a loved one’s final wishes are carried out fairly and transparently. Having a reliable legal partner can make navigating this process much easier.

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How much is probate?

How does property and other assets get passed along?

In Florida, property can pass to heirs according to statute, or by use of a Will.

If a person passes away and does not have a Will, then Florida law (statutes) determine how assets are passed along.

A person can change how assets are passed down by creating a Will.

Intestate (No Will)

Under Florida probate law, "intestate" means that someone dies without leaving a Will. There is nothing wrong with this, because Florida law controls how the property passes. Read more about how property passes without a Will here...

Testate (with a Will)

"Testate" means that person passed away and left a Will. If the Will was properly prepared according to Florida law then it can change how assets are passed along and inherited. It can also assign a personal represenative and might have other functions. Read more about Wills here...

There is a Will, do we need probate?

Generally speaking, even with a Will, a probate case will likely be necessary. A Will can control, or dictate, who should receive property, but it does not provide probate avoidance like a Trust can.

Trusts: How to avoid probate

"Probate Avoidance" refers to one of the objectives of Estate Planning. Other objectives might involve tax considerations, and educational planning, and asset protection. More information about Trusts...

We have resolved many estates accross the entire State of Florida.

For most people, Probate is basically about inheritance. Most of our clients are looking to have assets transferred into their names and/or the names of other heirs. This is usually real estate, but can also be bank accounts, vehicles, safe deposit boxes, stocks or other securities, and so on. We can help get access to those assets.

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Probate FAQs.

Below are some of the most common questions people have about probate. If you have concerns that aren’t covered here, feel free to reach out directly—we’re here to help.

Navigating Probate with Expert Guidance

Mr. Taormina has handled many estates, but our paralegal is the real gem, with over twenty years of probate practice in Florida. Together, the our probate team get estates opened, administered, and closed so our clients can open the door to their next chapter.

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Hired Joe Taormina to handle a complicated Real Estate case, most specifically a partition case. The case was filed timely , the terms of billing were uncharacteristically favorable for my need to resolve the matter. In my case, Quattrochi, Torres Taormina law firm performed with Fidelity , Trust and Financial responsibility.

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Hiring Joe Taormina was a great decision for our complicated co-ownership issue. Mr. Taormina handled our case very professionally and got us a good outcome. We are pleased with him and happy to have done business with him.

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