Why Start with a Free Consultation? Probate involves multiple legal steps, deadlines, and court filings. Without guidance, you risk delays, disputes, or even loss of rights. A free phone consultation allows you to: Understand your options before beginning probate. Get answers quickly without worrying about hourly fees. Decide if probate is necessary in your situation. Speak directly with an Orlando probate attorney who understands Florida law. This initial conversation gives you clarity while protecting your time and resources. What Is Probate in Florida? Probate is the court-supervised process of: Authenticating a will (if one exists). Appointing a Personal Representative (executor). Collecting and valuing the deceased’s assets. Paying valid debts and expenses. Distributing assets to heirs and beneficiaries. In Orange County, probate cases are handled through the Ninth Judicial Circuit Court , which serves Orlando and surrounding communities. Florida’s probate statutes (Chapters 731–735 of the Florida Statutes) set the rules for how estates must be administered. What We Cover in a Free Probate Consultation During your consultation, Attorney Joe Taormina will: Review your situation to determine whether probate is required. Explain the different types of probate in Florida, including formal administration and summary administration. Answer questions about Florida’s timelines, creditor claims, and inheritance rights. Outline next steps tailored to your family’s needs. You’ll finish the call with a clearer understanding of what to expect—and without the pressure of upfront costs. Common Questions About Free Consultations Do I need documents before the call? No, but having a copy of the will, death certificate, or property records can be helpful. How long does a consultation take? Most phone consultations last 15–30 minutes , depending on the complexity of the estate. Is there any obligation to hire afterward? Not at all. Our goal is to provide information so you can make the best decision for your family. Why Choose Taormina Law, P.A.? When dealing with probate in Orlando, you want an attorney who combines legal skill with a compassionate approach. Joe Taormina has extensive experience guiding families through Florida’s probate process, including: Representing Personal Representatives in formal administration. Assisting heirs in inheritance disputes. Advising families when a loved one passes away without a will. Our free consultations are the first step toward resolving your probate matter with confidence. Schedule Your Free Probate Consultation Today If you’re facing probate in Orlando or anywhere in Florida, don’t navigate it alone. Take advantage of our free phone consultation  to get your questions answered. 👉 Contact Attorney Joe Taormina at Taormina Law, P.A.  today. Visit TaorminaLawPA.com  to schedule your free consultation and get the guidance you deserve. Orlando Probate attorney with free consultations

Orlando Probate Attorney Joe Taormina Losing a loved one is always difficult. But when someone passes away without leaving a will, families in Florida often face additional challenges. Without a will, the deceased is considered to have died “intestate.” This means the court — rather than the individual — decides how assets are distributed. If you’re in Orange County, Florida, understanding how intestate succession works and what role the Personal Representative plays is key. An experienced Orlando probate attorney can help guide you through this process. What Is Intestate Succession in Florida? When a person dies intestate, Florida’s intestacy laws (found in Florida Statutes Chapter 732) control who inherits. The probate court follows a strict order based on family relationships: Spouse only (no children):  The surviving spouse inherits everything. Spouse and children from that marriage:  The spouse also inherits everything. Spouse and children from another relationship:  The spouse and children split the estate. Children only (no spouse):  The children inherit equally. No spouse or children:  Assets pass to parents, then siblings, and then to more distant relatives. No surviving family:  The estate may eventually go to the State of Florida. The Role of Probate in Intestate Estates Even without a will, most estates must go through probate. Probate is the court-supervised process that ensures: All assets are identified and secured. Creditors and final expenses are paid. The remaining assets are distributed according to Florida law. The court will appoint a Personal Representative (sometimes called an executor in other states). This person is responsible for managing the estate during probate. Who Can Serve as Personal Representative? In Florida, the court usually gives preference to close relatives. A surviving spouse is typically first in line. If there is no spouse, then adult children or other heirs may be appointed. Under Florida Statute §733.303, a Personal Representative must: Be at least 18 years old. Be a Florida resident (or a close relative of the deceased). Have no felony convictions. Because this role comes with fiduciary duties, the Personal Representative must act in the best interests of the estate and its beneficiaries. Common Questions About Dying Without a Will in Florida Will the state take everything? No. The State of Florida only inherits if the deceased has no surviving family members. Can the family choose how to divide the assets? Not without court approval. Florida’s intestacy statutes control the distribution, even if family members agree on a different arrangement. Do I need an attorney? Not always. You may be able to handle a Summary Administration on your own. Florida law requires a probate attorney to represent the Personal Representative in most cases, especially in formal administration. Get Help From an Orlando Probate Attorney Dying without a will can create confusion, stress, and sometimes disputes. But with the right legal guidance, families in Orange County can navigate probate smoothly and ensure assets are distributed correctly. At Taormina Law, P.A. , Attorney Joe Taormina  helps families handle probate cases with compassion and efficiency. 👉 If your loved one passed away without a will in Florida, contact Attorney Joe Taormina at Taormina Law, P.A.  for trusted guidance. Visit TaorminaLawPA.com  to schedule a consultation. Orlando Probate Attorney Joe Taormina

Orlando Probate attorney Joe Taormina discusses probate. Ancillary probate is a secondary probate case required when a deceased person’s primary residence is in another state, but they owned property in Florida. Common examples include: A vacation home in Orlando or elsewhere in Florida. Investment property or rental homes. Bank accounts or business interests located in Florida. While the main probate case happens in the person’s home state, Florida law requires a separate probate here to legally transfer ownership of Florida-based property. Why Is Ancillary Probate Necessary in Florida? Florida courts only have authority over property located within the state. Even if another state’s court approves the will, that judgment does not automatically transfer real estate or assets in Florida. Under Florida Statutes Chapter 734, an ancillary probate ensures: Florida real estate can be transferred to heirs or sold. Creditors in Florida have an opportunity to file claims. The estate complies with Florida’s probate procedures. Without ancillary probate, heirs may run into title problems, disputes, or delays in selling or transferring property. How Does the Ancillary Probate Process Work? The process depends on whether the deceased left a valid will: With a will: The Florida court generally accepts the will already admitted to probate in the home state. Without a will: Florida’s intestate succession laws determine who inherits the property. Steps usually include: Filing authenticated copies of the out-of-state probate documents in Orange County. Petitioning the court to open an ancillary probate. Appointment of a Personal Representative (who may or may not be the same person as in the home state probate). Notifying Florida creditors. Transferring or selling the Florida property. Common Questions About Ancillary Probate How long does ancillary probate take? It varies based on the estate’s complexity, but many cases in Orange County can be resolved in several months if documents are in order. Can it be avoided? Yes, in some cases. Assets titled in a trust, jointly owned property, or accounts with beneficiary designations may bypass ancillary probate. Do I need a Florida attorney? Yes. Florida law requires a licensed attorney to represent the Personal Representative in probate cases, including ancillary proceedings. Get Help From an Orlando Probate Attorney Ancillary probate can add complications to an already difficult process. At Taormina Law, P.A. , Attorney Joe Taormina  helps families in Orange County and throughout Florida handle probate cases efficiently, ensuring property is properly transferred and legal requirements are met. If your loved one passed away owning property in Florida, don’t face the process alone. Contact Attorney Joe Taormina at Taormina Law, P.A.  today. 👉 Visit TaorminaLawPA.com  to schedule a consultation Orlando Probate attorney Joe Taormina

video When a loved one passes away in Florida, the probate process often becomes necessary to ensure their assets are properly distributed. In this process, the court appoints a Personal Representative (sometimes called an executor in other states) to handle the estate. If you are named as a Personal Representative in a Broward County probate case, you may feel overwhelmed with responsibilities and legal requirements. This guide explains what a Personal Representative does in Florida probate, what duties they owe to beneficiaries, and what to expect specifically in Broward County. What Is Probate in Florida? Probate is the court-supervised process of identifying a deceased person’s assets, paying their debts, and distributing what remains to the rightful heirs or beneficiaries. In Florida, probate is generally required when: The deceased owned assets in their sole name. The estate has assets that don’t automatically transfer to beneficiaries (like jointly owned property or accounts with payable-on-death designations). In Broward County, probate cases are handled by the Seventeenth Judicial Circuit Court, located in Fort Lauderdale. The court ensures that the estate is handled according to Florida probate law, primarily outlined in Chapters 731–735 of the Florida Statutes. Who Is a Personal Representative? A Personal Representative (PR) is the individual or institution appointed by the probate court to administer the estate. In Florida: If the deceased left a will, the person named as executor typically becomes the Personal Representative. If there is no will, the court appoints someone, often a spouse, adult child, or another close relative. Eligibility Rules in Florida Not everyone can serve as a Personal Representative. Under Florida Statute §733.303 , a PR must: Be at least 18 years old. Be mentally and physically capable of performing the duties. Be a Florida resident, unless related to the deceased by blood, marriage, or adoption. Not have a felony conviction. What Does a Personal Representative Do? Serving as a Personal Representative is a serious responsibility. Florida law requires the PR to act as a fiduciary , meaning they must act in the best interest of the estate and its beneficiaries. Here are the key duties: 1. Opening the Probate Case The PR, usually with the help of a probate attorney, files the necessary paperwork with the Broward County probate court. This includes: The petition for administration. The original will (if one exists). A death certificate. 2. Marshaling the Assets The PR must identify, gather, and secure all of the decedent’s assets. This may include: Real estate. Bank accounts. Investment accounts. Vehicles. Personal property like jewelry or artwork. A detailed inventory of the estate  must be filed with the court. 3. Notifying Creditors Florida probate law requires the PR to: Publish a Notice to Creditors in a local Broward County newspaper. Personally notify known creditors of the estate. Creditors typically have 90 days to file claims. 4. Paying Debts and Expenses The PR must pay valid debts, taxes, and estate administration expenses. Common expenses include: Funeral costs. Court filing fees. Attorney’s fees. Accountant’s fees. 5. Managing Estate Property Until the estate is settled, the PR must maintain estate property. For example: Keeping insurance active on a home. Ensuring utilities are paid. Safeguarding valuable personal property. 6. Distributing Assets Once debts and expenses are resolved, the PR distributes the remaining assets according to the will or, if there is no will, Florida’s intestate succession laws. 7. Closing the Estate Finally, the PR files a final accounting with the court and requests discharge. Once approved, the estate is officially closed. Common Questions About Personal Representatives in Broward County Do I Have to Hire an Attorney? Yes. In almost all cases, Florida law requires a Personal Representative to be represented by a licensed Florida probate attorney. This ensures the PR fulfills their legal duties and avoids mistakes. How Long Does the Process Take? The timeline depends on the estate’s complexity. A simple estate may take 6–9 months, while complex estates can last over a year. In Broward County, court scheduling and creditor claim periods also impact timing. What Happens If I Make a Mistake? Because the PR is a fiduciary, they can be held personally liable for mistakes that harm the estate or beneficiaries. This is why legal guidance is essential. Can More Than One Personal Representative Serve? Yes. In Florida, co-personal representatives can serve together, but this can add complexity. Unless a will specifically requires it, courts generally prefer appointing just one PR. Florida-Specific Considerations for Personal Representatives Homestead Property:  Florida has unique homestead protections. A Personal Representative must carefully handle homestead property, as it may pass outside probate. Elective Share:  Surviving spouses may be entitled to 30% of the estate, regardless of the will. Broward County Court Procedures:  Each county has its own local administrative rules. In Broward County, filings are handled electronically, and hearings may be conducted remotely in some cases. Why the Role of Personal Representative Is So Important The Personal Representative ensures that probate is handled fairly, efficiently, and legally. Without someone in this role: Assets could be lost or mismanaged. Creditors might not be properly notified. Beneficiaries could face unnecessary disputes. By fulfilling these duties, the PR brings closure and order during an otherwise difficult time. How Taormina Law, P.A. Helps Personal Representatives in Broward County At Taormina Law, P.A. , we guide Personal Representatives through every step of the probate process. Attorney Joe Taormina  works directly with families in Broward County and throughout Florida to: File all necessary court documents. Communicate with creditors and beneficiaries. Ensure assets are properly managed and distributed. Protect Personal Representatives from liability. Whether you have been appointed as a PR or expect to be, having the right legal support makes the process manageable and reduces stress. Conclusion: Get Help with Your Broward County Probate Case Serving as a Personal Representative in a Florida probate case  is an important but challenging responsibility. From opening the case to closing the estate, every step requires careful attention to Florida law and Broward County procedures. If you have been named a Personal Representative, don’t navigate the process alone. Contact Attorney Joe Taormina at Taormina Law, P.A.  for trusted probate guidance in Broward County and throughout Florida. 👉 Visit TaorminaLawPA.com today to schedule a consultation and get the support you need. Broward County Probate Attorney Joe Taormina

When a loved one passes away, their assets often cannot be transferred until the estate goes through probate. One of the most common questions families ask is: “How long do I have to file a probate case in Florida?” The answer depends on the type of probate, the estate’s debts, and how long it has been since the person’s passing. While Florida law doesn’t require you to open probate immediately, waiting too long can create serious complications. In this article, we’ll explain the deadlines, rules, and risks, and how an experienced Orlando probate attorney  can help you navigate the process. What Is Probate in Florida? Probate is the court-supervised process of: Transferreing property to the heir(s) name(s) Authenticating a will, if one exists Identifying and gathering the deceased person’s assets Paying creditors and final expenses Distributing the remaining assets to heirs or beneficiaries In Florida, probate cases are handled by the circuit court in the county where the deceased person lived. For example, if your loved one lived in Orange County, the case would be filed with the Orange County Probate Court in Orlando. Is There a Deadline to File Probate in Florida? Unlike some legal matters, there is no immediate deadline  after death to open probate. However, Florida law sets certain timeframes that affect how probate must be handled. The Two-Year Rule Under Florida Statutes § 733.710, creditor claims are barred if they are not filed within two years of the person’s death. This means: After two years, creditors can no longer pursue the estate for unpaid debts. If you wait more than two years to file, you may still be able to probate the estate, but only under summary administration, which is a simplified process. Creditor Period After Filing When probate is opened, the court requires the personal representative to publish a Notice to Creditors. Creditors then have 90 days to file claims. This waiting period often delays when heirs can receive their inheritance. Why It’s Best Not to Delay Filing Probate Even though you may not face an immediate deadline, delaying probate in Florida can cause several problems: Property Cannot Be Sold or Transferred Without probate, real estate stays in the deceased person’s name, making it impossible to sell or refinance. Bills and Taxes Go Unpaid Mortgages, property taxes, and utility bills may continue to accumulate while the estate sits in limbo. Risk of Disputes Waiting can increase the likelihood of family conflicts or disputes over property. Loss of Simplified Procedures If you wait too long, you may lose the option for summary administration, which is often faster and less expensive than formal probate. Types of Probate in Florida and Their Timelines Florida offers different types of probate depending on the size and circumstances of the estate. 1. Disposition Without Administration Used for very small estates where the deceased owned little to no assets beyond exempt personal property or funeral expenses. Can be filed immediately, but applies to very limited cases. 2. Summary Administration Available if the estate is worth less than $75,000 (excluding exempt property) or if the person has been deceased for more than two years. Can often be completed within a few months. 3. Formal Administration Required for larger estates or those with significant assets and debts. Can take anywhere from 6 months to over a year, depending on complexity. An Orlando probate lawyer can help you determine which type of probate applies and the best timing for filing. Common Questions About Probate Deadlines in Florida How soon should probate be filed after death? This should be evaluated on a case-by-case basis. It might depend on the type of assets and type of debts. (some assets are exempt from paying creditors) What happens if I don’t file probate for years? If more than two years pass, you may still be able to open probate, but only through summary administration. You also risk complications with real estate and unclaimed property. Does a will expire in Florida? No, a will does not expire. However, it must be filed with the court within 10 days of the person’s death. Failing to do so can cause delays or disputes. Can heirs sell property without probate? No. If real estate is in the deceased person’s name, the title cannot legally transfer until probate is completed. Do I need a probate attorney to file? In most cases, yes. Florida law generally requires estates to be represented by an attorney, except for very small cases handled without administration. Why Work With an Orlando Probate Attorney The probate process involves strict rules, deadlines, and procedures. Having a knowledgeable Orlando probate attorney ensures that: All filings are submitted correctly and on time Creditor claims are properly managed and challenged if necessary Property transfers, including real estate in Orlando, are handled without title issues You avoid costly mistakes as a personal representative Attorney Joe Taormina at Taormina Law, P.A.  regularly represents families in Orlando and throughout Florida, helping them navigate probate with clarity and confidence. Conclusion: Don’t Wait Too Long to File Probate in Florida While Florida does not require you to file probate immediately, waiting too long can create unnecessary complications. Generally, it’s best to start the process within a few months of death to protect assets, pay creditors, and move the estate forward. If you’re unsure about your deadlines or next steps, the safest choice is to consult an experienced attorney. 📞 If you need help with probate in Orlando or anywhere in Florida, contact Attorney Joe Taormina today at TaorminaLawPA.com . We’ll review your situation and guide you through every step of the process. Orlando Probate Attorney Joe Taormina discusses how long an executor or personal representative has to probate a case in Florida.

Florida Probate Attorney discusses filing probate in Florida without an attorney. 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. Orlando Probate attorney Joe Taormina

When a loved one passes away, their estate often goes through the Florida probate process. One of the first questions families ask is: How long does an executor (known in Florida as a “personal representative”) have to settle the estate? The answer depends on several factors, including the size of the estate, whether there are disputes, and the type of probate proceeding. While Florida law sets some guidelines, the actual timeline can vary widely. Below, we break down what families in Orlando and across Florida need to know. What Is an Executor (Personal Representative) in Florida Probate? In Florida, the person responsible for managing a deceased person’s estate is called the personal representative  (often referred to as the executor in other states). This individual is appointed by the probate court to: Gather and safeguard estate assets Notify and pay creditors Handle taxes and expenses Distribute remaining assets to beneficiaries Because this role carries serious legal obligations, Florida probate courts expect personal representatives to follow strict timelines. How Long Does the Probate Process Take in Florida? While every estate is unique, here are some general timeframes: Summary Administration (Simplified Probate):  1–4 months. Available for estates worth less than $75,000 (excluding exempt property) or when the decedent has been deceased for over two years. Formal Administration (Standard Probate):  6–12 months, but sometimes longer. This is the most common probate process in Florida and is required for larger or more complex estates. Complicated or Contested Estates:  1–2 years or more. If beneficiaries disagree, creditors challenge claims, or litigation is required, probate can be significantly delayed. Florida Law on Probate Deadlines Several Florida statutes set deadlines that help determine how long an executor has to settle an estate: Notice to Creditors:  Within 30 days of being appointed, the personal representative must publish a notice to creditors (Florida Statutes § 733.2121). Creditor Claim Period:  Creditors generally have 3 months from the first publication of notice to file claims. Final Accounting and Distribution:  The estate cannot be closed until after the creditor period has expired, all debts are settled, and a final accounting is approved by the court. Because of these statutory waiting periods, most estates cannot be completed in less than six months. What Can Delay the Probate Process in Florida? Even when deadlines are followed, several common issues can slow down probate: Will Contests:  If beneficiaries dispute the validity of the will, the case may require additional hearings or even a trial. Creditor Claims:  Unexpected or disputed creditor claims can add months of litigation. Complex Assets:  Estates with businesses, multiple properties, or out-of-state assets take longer to settle. Tax Issues:  If federal estate taxes are owed, resolution may extend the probate timeline. Personal Representative Challenges:  If the executor is inexperienced or fails to meet obligations, the court may need to step in. Frequently Asked Questions About Florida Probate Timelines Can an Executor Take Too Long to Settle an Estate? Yes. While Florida does not set a strict maximum time, personal representatives are expected to act diligently. If delays harm beneficiaries, the court can remove and replace the executor. Do Beneficiaries Have to Wait Until Probate Is Complete to Receive Anything? Not always. In some cases, partial distributions may be allowed before the estate is fully closed, but only with court approval and after creditors are addressed. What Happens if the Executor Misses a Deadline? Failure to meet Florida’s probate deadlines can result in court sanctions, removal of the personal representative, or even personal liability. Can Probate Be Avoided Altogether? Yes. Tools such as living trusts, lady bird deeds, and joint ownership can transfer property outside of probate. However, once probate has started, the timelines must be followed. Why Work With an Orlando Probate Attorney ? Handling probate in Florida is not just about meeting deadlines—it’s about protecting the estate and the family’s interests. An experienced Orlando probate attorney can: Ensure all legal requirements are met on time Defend against creditor claims and disputes Guide personal representatives through complex filings Speed up the process where possible Provide peace of mind to grieving families Florida Probate: Local Context in Orlando In Orange County and the greater Orlando area, probate cases are handled in the Ninth Judicial Circuit Court . Each county has its own procedures, so having a local probate attorney familiar with the Orlando court system can help avoid unnecessary delays. For example: Some filings must be completed electronically through the Florida Courts e-Filing Portal. Local judges may require additional hearings in contested cases. Orlando probate attorneys often coordinate with out-of-state beneficiaries, especially since Florida is home to many retirees. Key Takeaways: How Long Does an Executor Have to Settle an Estate in Florida? Simple probate can take just a few months, but most estates in Florida take 6–12 months. Statutory deadlines—such as the creditor claim period—mean probate cannot be completed instantly. Contested or complex estates may take years. Executors who delay without justification may be removed by the court. Working with an experienced Orlando probate attorney helps avoid mistakes and move the process forward efficiently. Conclusion: Get Help From an Orlando Probate Attorney Today If you are serving as an executor or beneficiary of an estate in Florida, understanding probate timelines is essential. While the process may seem overwhelming, you don’t have to handle it alone. You also do not have to search: Probate Attorney Near Me; we work statewide. Attorney Joe Taormina  of Taormina Law, P.A.  helps families in Orlando and throughout Florida navigate probate with clarity and confidence. Whether your case is simple or complex, he can guide you through each step and work to resolve matters as efficiently as possible. 📞 Contact Taormina Law, P.A. today to schedule a consultation: TaorminaLawPA.com Orlando Probate Attorney Joe Taormina

If you're a Florida homeowner facing foreclosure, one of the first questions you may have is: How long does foreclosure take?  The answer is: it depends.  Some foreclosures move quickly — in just a few months — while others may take a year or longer . Understanding the foreclosure timeline and what factors can speed it up or slow it down is key to protecting your home and your future. The Short Answer: It Varies In Florida, a fast foreclosure can take just a few months, especially if the homeowner doesn’t respond to the lawsuit or participate in the court process. However, the average foreclosure takes about 12 months from start to finish. In some cases, it can take even longer. The short ones : if the defendant does not respond to the summons within the twenty days, the plaintiff will likley file a Motion for Clerk's Default and the Clerk will enter a default. Then the plaintiff will file a Motion for Default Final Judgment with supporting affidavits and set a hearing. Factors That Affect the Length of a Foreclosure There are many variables that can impact how long a foreclosure takes. Here are a few of the most common: Whether the homeowner is represented by an attorney. Homeowners who have legal representation tend to have more time to explore options and may be able to delay or stop the process altogether. An experienced foreclosure attorney can raise legal defenses, negotiate with the lender, help the homeowner apply for a loan modification, and explain all available options. The actions taken by the homeowner. If a homeowner doesn’t respond to the foreclosure lawsuit, the lender can move quickly to get a judgment and schedule a sale. On the other hand, taking action — such as applying for assistance or filing legal documents — can slow things down. Court backlogs and lender delays. Sometimes delays come from the court system itself or the bank not moving forward quickly. This can extend the timeline, even if the homeowner doesn’t actively contest the foreclosure. Bankruptcy filings. Filing for bankruptcy triggers an “automatic stay” that stops foreclosure proceedings temporarily. This can provide homeowners with more time to reorganize their finances or work out a solution. Options for Homeowners Facing Foreclosure At Taormina Law, P.A. , we help homeowners across Florida explore their options when facing foreclosure.  Depending on your unique situation, you may be able to: Apply for a loan modification. Adjust your loan terms to reduce monthly payments or make up missed payments over time. Reinstate the loan. Catch up on past-due amounts and bring the loan current before the foreclosure sale. Negotiate a payment plan. Work out an agreement with the lender to repay the overdue amount over time. Refinance the mortgage. Replace your current loan with a new one that has more favorable terms. Sell the home. You may be able to sell your home before the foreclosure sale, including through a short sale if you owe more than the home is worth. File for bankruptcy. Depending on your financial situation, Chapter 7 or Chapter 13 bankruptcy may provide relief or stop the foreclosure. Pursue a surplus funds claim. If your home sells at auction for more than you owed, you may be entitled to claim the surplus. Talk to a Florida Foreclosure Attorney If you’ve received a foreclosure notice or are struggling to make your mortgage payments, don’t wait . The earlier you speak to an attorney, the more options you may have. At Taormina Law, P.A. , we are committed to helping homeowners make informed decisions and fight for the best possible outcome. Call us today  or visit TaorminaLawPA.com  to schedule a consultation and find out how we can help. Other blog posts: What is a Reinstatement Payment? How to file a claim for Surplus Foreclosure Funds . Does Probate stop foreclosure? Home Page Foreclosure Defense Page Probate Page Contact Us Orlando Probate Attorney Joe Taormina

When a loved one passes away in Florida, their estate often needs to go through probate—the court-supervised process of transferring assets to heirs and beneficiaries. But what if you live in another state? Many families wonder: Do I have to come to Florida for probate if I am an heir or personal representative? The good news is that in most cases, you do not have to travel to Florida. With the help of an experienced Florida probate attorney , much of the process can be handled remotely. This article explains how probate works for out-of-state heirs and personal representatives, what situations may require travel, and how an Orlando probate attorney can simplify the process for you. Understanding Probate in Florida Probate is required when a deceased person (called the decedent) owned assets in their sole name without a designated beneficiary. Common assets that may require probate include: Real estate titled only in the decedent’s name. Bank accounts without a payable-on-death (POD) beneficiary. Vehicles, boats, or personal property without joint ownership. Investment accounts without transfer-on-death (TOD) designations. Florida has two main types of probate: Formal Administration  – The full probate process, usually required when the estate is worth more than $75,000 or the decedent passed away less than two years ago. Summary Administration  – A faster, simplified process available when the estate is valued at $75,000 or less, or when the decedent has been deceased for more than two years. Whether you live in Florida or elsewhere, these procedures are the same. However, the key question is: do you need to physically appear in Florida for them? Do Out-of-State Heirs Have to Come to Florida for Probate? In most situations, heirs and beneficiaries do not need to come to Florida. Probate is a legal process handled through the courts, and much of it can be managed by your Florida probate attorney. Here’s why: Court Filings Are Done by Your Attorney  – All petitions, motions, and court-required documents are filed electronically through Florida’s court system. You do not have to appear in person to sign or file paperwork. Notarization Can Be Done Remotely  – Many required signatures can be notarized in your home state or completed through remote online notarization. Communication Happens Remotely  – Your attorney can keep you informed through phone calls, email, or video conferencing, eliminating the need for travel. For heirs, the probate process is typically paperwork-driven. Unless there is a dispute (such as a will contest), heirs usually never have to set foot in a Florida courtroom. Do Out-of-State Personal Representatives Need to Come to Florida? Serving as a personal representative (executor) of an estate carries more responsibilities than simply inheriting property. In Florida, a personal representative is the person legally appointed to administer the estate. Here are key things to know if you live out of state and have been named as personal representative: Florida Residency Rule Under Florida Statute §733.304 , a personal representative must either: Be a Florida resident, or Be a close relative of the decedent (spouse, sibling, child, parent, or other qualified relative). This means that out-of-state relatives are often eligible, but out-of-state friends or business partners usually cannot serve. Court Appearances Even if you are eligible, most of your duties can be handled remotely through your attorney. Your lawyer can appear in court on your behalf for most hearings. In rare cases, you may need to appear—such as if there is litigation over the will or disputes among beneficiaries. Practical Duties As personal representative, you are responsible for: Gathering and safeguarding estate assets. Notifying creditors. Filing required tax returns. Distributing assets to beneficiaries. Orlando probate attorney Joe Taormina can assist with nearly all of these tasks, coordinating appraisals, handling filings, and communicating with the court. If real estate needs to be sold, your attorney can also work with local realtors and title companies. Common Questions About Out-of-State Probate in Florida 1. Can I handle probate without an attorney if I live out of state? You may be able to. If you are confortable with Florida Probate rules you may be able to get it done. 2. What if I just inherited property in Florida but live elsewhere? You may still need probate to transfer legal title, even if you are the only heir. Once probate is completed, you can sell or keep the property without issue. 3. How long does Florida probate take if I am out of state? Summary administration : usually a few months. Formal administration : typically six to twelve months, sometimes longer if disputes arise. Your location outside Florida rarely affects the timeline, since most steps are handled through the court and your attorney. 4. Will I have to travel to Florida to sell inherited property? Not necessarily. Your attorney can help you execute documents remotely. Many title companies allow out-of-state closings, and electronic notarization is often available. Why Working with a Florida Probate Attorney Is Essential Probate in Florida can be complex, especially when heirs or personal representatives live in other states. Having a local attorney ensures: Compliance with Florida law  – Probate rules differ from state to state. An experienced Orlando probate attorney  knows the local statutes and court procedures. Faster process  – With electronic filing and attorney representation, cases move more efficiently. Reduced stress  – Instead of traveling back and forth to Florida, you can rely on your attorney to handle matters on your behalf. At Taormina Law, P.A. , Attorney Joe Taormina guides families through every stage of probate, including estates where heirs or executors live outside Florida. Florida-Specific Considerations for Out-of-State Probate Ancillary Probate : If the decedent lived in another state but owned property in Florida, an ancillary probate  may be required. This is a secondary probate proceeding handled in Florida courts to transfer Florida property. Homestead Laws : Florida has unique homestead protections that affect how real estate is passed down. Even if you live out of state, these rules may apply to inherited property. Creditor Period : Florida law requires a 90-day window for creditors to file claims. This must be completed before assets can be fully distributed. Conclusion: You Don’t Have to Travel to Florida for Probate If you are an out-of-state heir or personal representative, you may be relieved to know that most Florida probate cases do not require you to appear in person. With the guidance of a skilled Orlando probate attorney, nearly everything can be handled remotely. If you or your family are facing probate in Florida, contact Attorney Joe Taormina at Taormina Law, P.A. for trusted guidance. Joe and his team are committed to making the probate process as smooth as possible for out-of-state clients. 📞 Call today or visit TaorminaLawPA.com  to schedule a consultation. Orlando Probate Attorney Joe Taormina from Taormina Law, P.A.

Orlando Probate Attorney Joe Taormina discussing probate. Introduction: Probate Is Not Always Simple When a loved one passes away in Florida, probate is often required to transfer property and settle the estate. While some probate cases move smoothly, others can quickly become complicated—especially if creditors, lawsuits, or disagreements among heirs are involved. At Taormina Law, P.A. in Orlando , we help families navigate the Florida probate process. Understanding where complications can arise can prepare you for the challenges ahead and help you avoid costly mistakes. Common Reasons a Florida Probate Case Becomes Complicated Even if an estate seems straightforward, several factors can turn a routine probate into a lengthy or contested matter. Let’s look at the most common issues. 1. Creditor Claims and the Creditor Period Florida law gives creditors the right to file claims against an estate. Under Florida Statute §733.702 , creditors have a set time—usually 90 days from the publication of the Notice to Creditors —to file claims. This period is known as the creditor period . If valid claims are filed, the personal representative must pay them before heirs receive their inheritance. If claims are disputed, the estate may face hearings or even separate lawsuits. Failure to handle the creditor period properly can expose the personal representative to liability. What may start as a simple estate can quickly become complicated if multiple creditors file claims or if an heir disagrees with paying certain debts. 2. Separate Lawsuits from Creditors Sometimes, creditors don’t just file a claim—they file a separate lawsuit against the estate . This can happen if: The personal representative disputes the debt. The creditor’s claim is denied or ignored. There are complex financial issues, such as business debts, unpaid loans, or medical bills. These lawsuits must be resolved before the probate case can be closed. That means the estate could be tied up in court for months—or even years—while the lawsuit plays out. 3. Disputes Among Heirs Heirs may not always agree on how assets should be divided. Common disputes include: Arguments over property:  One heir wants to keep the family home, while others prefer to sell. Concerns about fairness:  Some heirs may feel left out or believe the will does not reflect the decedent’s true wishes. Claims of undue influence:  Allegations that someone pressured the decedent into changing their will. These disagreements can result in contested probate proceedings or even separate lawsuits between heirs, significantly delaying resolution. 4. An Heir Getting Sued Another surprising complication is when an heir gets sued personally  during probate. For example: An heir may have outstanding debts, and creditors attempt to garnish or claim their inheritance. Divorce proceedings can sometimes entangle an heir’s inheritance. Business or tax disputes involving an heir can also interfere with distribution. While probate protects the estate from certain outside claims, an heir’s legal troubles may create delays or require special handling before the inheritance can be distributed. 5. Complex Assets or Out-of-State Property Probate can also get complicated when the estate includes unusual or difficult-to-manage assets, such as: Businesses or partnership interests Investment accounts spread across different institutions Real estate located outside Florida (which may require ancillary probate ) High-value personal property like art, collectibles, or intellectual property rights Managing and appraising these assets often takes time and requires court approval. 6. Personal Representative Issues The personal representative (sometimes called the executor) is responsible for managing the estate. Problems can arise if: The representative is inexperienced or overwhelmed. There are conflicts of interest among family members. The representative fails to meet deadlines or properly handle creditor claims. In some cases, heirs may petition to have the personal representative removed, creating additional delays. FAQs: Answering Common Client Concerns Do all Florida estates face these complications? No. Many estates are straightforward, especially when proper planning has been done. However, any estate with debts, disputes, or unique assets is more likely to encounter issues. Can probate be avoided? Yes, certain planning tools—such as trusts, joint ownership, and lady bird deeds —can help avoid probate. But once someone has passed away without these in place, probate is usually required. What happens if creditors miss the creditor period? If creditors fail to file claims during the 90-day creditor period, their claims may be barred (disallowed or not required to be paid). This is why publishing notice and following statutory procedures is critical. How long will a complicated probate take? A routine probate may last 6 to 12 months  in Florida. If lawsuits, disputes, or unusual assets are involved, probate can take significantly longer. Florida-Specific Probate Context Probate cases in Florida are filed in the circuit court of the county where the decedent lived —for Orlando residents, that’s usually the Orange County Circuit Court . Florida offers two main types of probate: Summary Administration  (simpler, for smaller estates) and Formal Administration  (more complex, for larger estates or when disputes are expected). Many complications, especially creditor lawsuits and disputes among heirs, require Formal Administration . Understanding these processes—and having an attorney familiar with the local courts in Orlando—can make the difference between a smooth case and a drawn-out battle. Conclusion: Get Help Before Probate Gets Complicated Probate in Florida may look straightforward at first, but creditor claims, lawsuits, and disputes can quickly make the process overwhelming. From the creditor period  to the possibility of an heir getting sued , there are many factors that can turn a simple estate into a complex one. If you’re facing probate in Orlando or anywhere in Florida, don’t wait until problems arise. Work with an experienced attorney who understands the local courts and the challenges of Florida probate law. Contact Attorney Joe Taormina at TaorminaLawPA.com  today.  We’re here to guide you through probate, protect your rights, and resolve complications so your family can move forward.

If you’re the only child and your parents have passed away, you may assume that inheriting their home will be simple. After all, if you’re the only heir, wouldn’t the property just transfer into your name automatically? The truth is: maybe . Whether or not you need probate depends on how the property was titled at the time of your parents’ passing. When Probate May Not Be Necessary In Florida, probate is not always required. In some cases, property ownership can transfer directly without court involvement. This often happens if the property was set up with certain estate planning tools, such as: Lady Bird Deed (Enhanced Life Estate Deed):  This type of deed allows the property to pass directly to the named beneficiary upon the owner’s death, avoiding probate. Revocable Living Trust:  If your parents placed the property in a trust, it will transfer to the trust beneficiaries without probate. Joint Ownership with Rights of Survivorship:  If another person was listed as a co-owner, the surviving owner may automatically inherit the property. If one of these tools was used, you may not need to file a Florida probate case to inherit the home. When Probate Is Required in Florida If the property was titled solely in your parent’s name  and there was no trust or special deed in place, you’ll likely need to go through the Florida probate process —even if you are the only child and sole heir. In Orlando and throughout Florida, probate is the legal process that verifies a will (if one exists), ensures debts and taxes are addressed, and officially transfers property to heirs. While being the only heir may simplify things, probate is often still necessary to establish clear ownership. Why Probate Matters Without probate, you may run into problems such as: Being unable to sell inherited property in Florida Trouble refinancing the home Title issues that affect insurance or taxes Even if you plan to keep the property, probate helps ensure you have clean title and full legal ownership. Options for Florida Probate Depending on the property’s value and circumstances, you may qualify for summary administration , a simplified version of probate often used in Florida. In other situations, a formal administration  may be required. An experienced Orlando probate attorney  can evaluate your case and guide you through the right process. Work With an Orlando Probate Lawyer At Taormina Law, P.A. , we help families across Orlando and the State of Florida navigate the probate process with confidence. Whether your case qualifies for summary administration or requires a full probate proceeding, Attorney Joe Taormina will work to ensure a smooth transfer of ownership. 📞 If you’re inheriting property in Orlando or anywhere in Florida and aren’t sure whether probate is required, contact Attorney Joe Taormina today at TaorminaLawPA.com . We’ll review your situation and help you find the most efficient path forward. https://youtube.com/shorts/OURLY0IaBqI?feature=share

Last Will and Testament vs. Living Will When it comes to planning for the future, understanding the difference between a Living Will  and a Last Will and Testament  is essential. Though both are critical parts of a comprehensive estate plan , they serve entirely different purposes. At Taormina Law, P.A. , we help individuals and families across Florida create customized estate planning documents — including Living Wills, Last Wills and Testaments, Powers of Attorney, and Lady Bird Deeds — so they can protect what matters most and avoid unnecessary probate. What Is a Living Will in Florida? A Living Will  is a type of advance medical directive  that tells doctors and loved ones what kind of medical care you want — or don’t want — if you become incapacitated and can’t communicate for yourself. In Florida, a Living Will is governed by Chapter 765 of the Florida Statutes , and typically covers situations involving: Life-prolonging procedures End-of-life care Artificial nutrition or hydration Do-not-resuscitate (DNR) preferences It goes into effect only if you are terminally ill, in a persistent vegetative state, or otherwise unable to express your wishes. 🏥 Example: If you’re in a coma with no chance of recovery, your Living Will can instruct doctors not to use machines to prolong your life. What Is a Last Will and Testament? A Last Will and Testament  is a legal document that states how your assets and property should be distributed after your death . It also allows you to: Name a personal representative (executor) Appoint guardians for minor children Make charitable gifts Detail funeral and burial wishes Unlike a Living Will, your Last Will and Testament only becomes effective upon your death  and is typically subject to the probate process  — unless proper planning (such as a Lady Bird Deed or a trust) is in place to avoid it. 🏡 Example: You can use your Last Will to leave your home, car, and personal belongings to specific people, and name someone to handle your affairs after you pass away. Key Differences at a Glance Feature Living Will Last Will and Testament Purpose Healthcare decisions if incapacitated Distribution of assets after death Effective When While you're alive but unable to communicate Only after death Controls Medical care and end-of-life treatment Property, guardianship, and estate instructions Avoids Probate? Not applicable No (but other planning tools can help) Why You Likely Need Both Both documents serve vital, but separate, purposes. A Living Will gives you a voice in your own medical care. A Last Will and Testament ensures your wishes are honored after death. Together, they form the backbone of a well-rounded estate plan. We Can Help You Plan Ahead At Taormina Law, P.A. , we prepare a full range of estate planning documents , including: Living Wills Last Wills and Testaments Durable Powers of Attorney Lady Bird Deeds Health Care Surrogate Designations And more We work closely with you to make sure your documents are legally sound, reflect your personal values, and help you avoid probate  where possible. 📞 Contact Us Today Let us help you protect your future and your family’s peace of mind. Call Taormina Law, P.A.  at 407-818-1659 or visit www.TaorminaLawPA.com  to schedule your consultation.