Florida Probate FAQs: Answers Every Family Should Know Before Starting Probate

A Guide from the Probate Attorneys at St. Johns Law Group

When a loved one passes away, families are often overwhelmed by grief and suddenly faced with legal responsibilities they have never encountered before. Questions about wills, probate, inherited property, creditor claims, and court procedures arise quickly—and the answers are not always straightforward.

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Florida probate laws are designed to protect beneficiaries, creditors, and the wishes of the deceased, but understanding the process can feel overwhelming without experienced legal guidance.

At St. Johns Law Group, our probate attorneys help families throughout St. Augustine, St. Johns County, Ponte Vedra, Jacksonville, Palm Coast, Flagler County, Clay County, and Northeast Florida navigate every stage of probate administration, estate planning, probate litigation, and trust administration.

Below are answers to some of the most frequently asked questions we receive.

What Is Probate?

Probate is the legal process of administering a deceased person’s estate. During probate, the court oversees the collection of assets, payment of valid debts and taxes, and distribution of property to beneficiaries or heirs.

Depending on the estate, probate may involve:

  • Validating a Last Will and Testament
  • Appointing a Personal Representative
  • Identifying and valuing estate assets
  • Paying creditors
  • Filing tax returns
  • Selling real estate
  • Transferring ownership of property
  • Closing the estate

Although probate has a reputation for being complicated, many estates can be administered efficiently with proper legal guidance.

Does Every Estate Have to Go Through Probate?

No.

Many assets transfer automatically without probate.

Examples include:

  • Revocable Living Trust assets
  • Jointly owned property with rights of survivorship
  • Life insurance with named beneficiaries
  • Retirement accounts
  • Payable-on-Death (POD) accounts
  • Transfer-on-Death (TOD) accounts

However, individually owned real estate, bank accounts without beneficiaries, and many business interests often require probate before ownership can be transferred.

How Long Does Probate Take?

Every estate is different.

Factors affecting the timeline include:

  • Estate size
  • Number of beneficiaries
  • Real estate
  • Business ownership
  • Creditor claims
  • Tax matters
  • Family disputes
  • Probate litigation

While some estates qualifying for summary administration may be completed relatively quickly, more complex estates can require additional time to ensure all legal requirements are satisfied.

Can a House Be Sold During Probate?

Yes.

Many estates include real estate that must be sold before the estate can be closed.

Selling inherited property often requires coordination between probate administration, title work, and the real estate closing process.

Because St. Johns Law Group includes experienced probate attorneys, real estate attorneys, and an affiliated title team, we can help families manage the legal aspects of selling inherited Florida property from beginning to end.

What Assets Go Through Probate?

Common probate assets include:

  • Homes
  • Condominiums
  • Vacant land
  • Commercial property
  • Solely owned bank accounts
  • Investment accounts
  • Vehicles
  • Boats
  • Business interests
  • Personal property

What Assets Avoid Probate?

Assets commonly passing outside probate include:

  • Revocable Living Trust assets
  • Joint ownership with survivorship rights
  • Beneficiary-designated retirement accounts
  • Life insurance proceeds
  • POD bank accounts
  • TOD investment accounts

Proper estate planning can significantly reduce the assets subject to probate.

What Is Summary Administration?

Florida offers a simplified probate process called Summary Administration for estates that qualify under state law.

Summary administration generally requires fewer court filings and can often be completed more efficiently than Formal Administration.

An experienced probate attorney can determine whether an estate qualifies.

What Is Formal Administration?

Formal Administration is Florida’s traditional probate process.

It typically involves:

  • Appointment of a Personal Representative
  • Court supervision
  • Creditor notification
  • Asset inventory
  • Payment of debts
  • Final accounting
  • Distribution of estate assets

Most larger or more complex estates proceed through Formal Administration.

What Is Ancillary Probate?

If someone who lived outside Florida owned Florida real estate, an Ancillary Probate proceeding may be necessary to legally transfer ownership of that property.

This is common among seasonal residents, retirees, and investors who owned vacation homes in Florida.

Can a Will Be Contested?

Yes.  We can help with Contested Probate and Will Disputes.

Florida law allows wills to be challenged under limited legal grounds, including:

  • Undue influence
  • Lack of testamentary capacity
  • Fraud
  • Forgery
  • Improper execution

Will contests can become complex litigation requiring experienced trial counsel.

Can a Personal Representative Be Removed?

Sometimes.

Florida courts may remove a Personal Representative for reasons including:

  • Mismanagement of estate assets
  • Failure to fulfill fiduciary duties
  • Conflicts of interest
  • Incapacity
  • Misconduct

What Happens If Family Members Disagree?

Unfortunately, probate disputes are not uncommon.

Disagreements may involve:

  • Unequal inheritances
  • Real estate
  • Family businesses
  • Trusts
  • Missing assets
  • Accounting disputes
  • Creditor claims

Many disputes are resolved through mediation, while others require probate litigation.

Can Probate Be Avoided?

Not always—but thoughtful estate planning can reduce the need for probate.

Common probate avoidance strategies include:

Proper planning today can save families significant time, expense, and stress later.

Why Hire a Probate Attorney?

Probate involves more than filing paperwork.

An experienced attorney can help:

  • Determine whether probate is required
  • Open the estate
  • Advise the Personal Representative
  • Prepare court filings
  • Handle creditor claims
  • Transfer real estate
  • Resolve disputes
  • Coordinate tax issues
  • Close the estate efficiently

Professional guidance helps families avoid costly mistakes and unnecessary delays.

Comprehensive Probate Representation

One of the advantages of working with St. Johns Law Group is our multidisciplinary approach to probate matters.

In addition to estate administration, our attorneys provide legal services involving:

This allows clients to work with one experienced law firm when an estate involves multiple legal issues.

Explore Our Complete Florida Probate FAQ Resource

This article answers only a handful of the questions families ask every day.

For more detailed guidance, visit our Florida Probate FAQs resource center, where you’ll find answers to more than 40 common probate questions, including:

  • How long does probate take?
  • What documents do I need?
  • Can siblings force the sale of inherited property?
  • What happens if there is no will?
  • What are the duties of a Personal Representative?
  • How much does probate cost?
  • What assets avoid probate?
  • Can a trust avoid probate?
  • What is a Lady Bird Deed?
  • How does probate affect Florida homestead property?

Whether you’re serving as a Personal Representative, administering a loved one’s estate, or facing a contested probate matter, our attorneys are here to help.

Schedule a Consultation with a St. Augustine Probate Attorney

If you have questions about probate, estate administration, wills, trusts, or probate litigation, the attorneys at St. Johns Law Group are ready to assist.

We proudly serve clients throughout St. Augustine, St. Johns County, Ponte Vedra, Jacksonville, Palm Coast, Flagler County, Clay County, Putnam County, and Northeast Florida.

Contact St. Johns Law Group today to schedule a consultation and receive experienced guidance through every stage of the Florida probate process.