Answers to Common Questions About Probate, Estate Administration, Wills & Trusts in Florida

Serving St. Augustine, St. Johns County, Ponte Vedra, Jacksonville, Palm Coast & Northeast Florida

When a loved one passes away, families often have questions about probate, estate administration, wills, trusts, real estate, creditor claims, and inheritance rights. Florida probate law can be confusing, especially during an already difficult time.

14 Attorneys and 300+ Years of Combined Experience

The probate attorneys at St. Johns Law Group help personal representatives, beneficiaries, trustees, surviving spouses, and heirs navigate every stage of the probate process. Below are answers to many of the questions we hear most often. While these FAQs provide general guidance, every estate is unique, and legal advice should be tailored to your specific circumstances.

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Table of Contents

Getting Started with Probate

• What is probate?
• Why is probate necessary?
• Does every estate go through probate?
• When should probate be opened?
• Which court handles probate?

Probate Administration

• What is formal administration?
• What is summary administration?
• What is ancillary probate?
• Who serves as the Personal Representative?
• What are the Personal Representative’s duties?

Probate Assets

• What property goes through probate?
• What assets avoid probate?
• What happens to bank accounts?
• What happens to vehicles?
• What happens to business interests?

Probate Real Estate

• Can a house be sold during probate?
• What happens to a mortgage?
• Does homestead affect probate?
• Can beneficiaries force a sale?

Probate Litigation

• Can a will be contested?
• What is undue influence?
• What if family members disagree?
• Can a Personal Representative be removed?

Probate Costs & Timing

• How long does probate take?
• What does probate cost?
• Who pays attorney fees?

Estate Planning

• Can probate be avoided?
• What is a Lady Bird Deed?
• Do trusts avoid probate?

Getting Started

What is probate?

Probate is the court-supervised legal process for administering a deceased person’s estate. The probate court appoints a Personal Representative, identifies estate assets, resolves creditor claims, pays valid debts and taxes, and distributes the remaining assets according to the will or Florida law if no valid will exists.

Why is probate necessary?

Probate provides a legal process for transferring ownership of assets, protecting creditors, ensuring beneficiaries receive their inheritance, and resolving disputes that may arise after someone’s death.

Does every estate require probate?

No.

Many assets transfer automatically outside probate.

Examples include:

• Revocable Living Trust assets
• Joint tenancy with rights of survivorship
• Payable-on-Death accounts
• Transfer-on-Death accounts
• Life insurance with beneficiaries
• Retirement accounts with beneficiaries

However, individually owned property often requires probate.

How soon should probate be opened?

Generally, probate should be opened as soon as practical after death, particularly when there are assets that require management, bills that need to be paid, or real estate that must be transferred or sold.

Which court handles probate?

Probate is handled by the Circuit Court in the county where the deceased person resided at the time of death. If the decedent lived outside Florida but owned Florida real estate, ancillary probate may be required in the county where the property is located.

Probate Administration

What is Formal Administration?

Formal Administration is Florida’s standard probate process. It is commonly used for larger or more complex estates and includes the appointment of a Personal Representative, notice to creditors, management of estate assets, payment of debts, and final distribution to beneficiaries.

What is Summary Administration?

Summary Administration is a simplified probate procedure available only when an estate qualifies under Florida law. It generally involves fewer court filings and can often be completed more quickly than Formal Administration.

What is Ancillary Probate?

Ancillary Probate is a Florida probate proceeding for individuals who were residents of another state but owned real estate or certain other property located in Florida.

What is Disposition Without Administration?

In limited circumstances involving very small estates, Florida law allows certain assets to be transferred without opening a formal probate estate.

Who serves as the Personal Representative?

The Personal Representative is the individual or institution appointed by the probate court to administer the estate. This person has a fiduciary duty to act in the best interests of the estate and its beneficiaries.

What does the Personal Representative do?

Typical responsibilities include:

• Filing probate paperwork
• Gathering assets
• Protecting property
• Opening estate bank accounts
• Notifying creditors
• Paying valid debts
• Filing tax returns
• Managing investments
• Selling estate property
• Distributing inheritances
• Closing the estate

Probate Assets

What property goes through probate?

Probate assets often include:

• Individually owned homes
• Solely owned bank accounts
• Vehicles
• Boats
• Investment accounts
• Business interests
• Personal property
• Vacant land

What assets avoid probate?

Common non-probate assets include:

• Trust assets
• Joint ownership
• POD accounts
• TOD accounts
• Retirement plans
• Life insurance
• Beneficiary deeds
• Lady Bird Deeds

What happens to bank accounts?

If no beneficiary is named and the account is owned solely by the deceased, it generally becomes part of the probate estate.

What happens to vehicles?

Vehicles titled solely in the decedent’s name often require probate or another legal transfer procedure before ownership can change.

What happens to business ownership?

Business interests may require valuation, continued operation, transfer, buyout, or sale depending on ownership documents and Florida law.

Probate Real Estate

Can inherited property be sold during probate?

Yes.

Many estates sell real estate during probate.

The process depends on:

• The will
• Court authority
• Estate debts
• Beneficiary agreements
• Homestead issues

St. Johns Law Group’s probate, real estate, and title attorneys regularly coordinate probate real estate sales and closings.

What happens to the mortgage?

The mortgage generally remains attached to the property. Estate representatives typically continue making payments while probate is pending if preserving the property is in the estate’s best interest.

What happens to Florida homestead?

Florida homestead laws can affect:

• Creditor claims
• Inheritance rights
• Surviving spouse rights
• Minor children’s rights
• Probate administration

Homestead issues are often among the most complex aspects of Florida probate.

Can siblings force the sale of inherited property?

Sometimes.

The answer depends upon:

• Ownership interests
• Probate status
• Homestead laws
• Existing agreements
• Court authority

Probate Litigation

Can a will be contested?

Yes.

Grounds may include:

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

What is undue influence?

Undue influence occurs when someone improperly pressures or manipulates another person into changing or signing estate planning documents that do not reflect the person’s true wishes.

Can a Personal Representative be removed?

Yes.

Removal may occur if the Personal Representative:

• Mismanages assets
• Has conflicts of interest
• Commits misconduct
• Fails to perform fiduciary duties
• Becomes incapable of serving

What if beneficiaries disagree?

Many probate disputes involve:

• Real estate
• Business ownership
• Trusts
• Accounting disputes
• Family disagreements
• Unequal distributions
• Creditor claims

Some disputes are resolved through mediation, while others require litigation.

Probate Costs & Timing

How long does probate take?

Every estate is different.

Factors affecting timing include:

• Estate size
• Number of beneficiaries
• Creditor claims
• Litigation
• Tax issues
• Real estate
• Business interests

How much does probate cost?

Costs vary depending on:

• Court filing fees
• Publication costs
• Attorney fees
• Appraisals
• Accounting services
• Real estate expenses

Ask Us About Statutory Fees and Waiting to Be Paid Out of the Estate.

Who pays probate attorney fees?

In many cases, reasonable probate attorney fees are paid by the estate rather than personally by the Personal Representative.

Estate Planning

Can probate be avoided?

While probate cannot always be avoided, proper planning can reduce or eliminate probate for many assets.

Common planning tools include:

• Revocable Living Trusts
• Lady Bird Deeds
• Beneficiary Designations
• Joint Ownership
• POD Accounts
• TOD Accounts

What is a Lady Bird Deed?

A Lady Bird Deed (Enhanced Life Estate Deed) allows a property owner to retain full control of Florida real estate during life while permitting the property to transfer outside probate upon death.

Do trusts avoid probate?

Generally, yes.

Assets properly titled in a revocable living trust usually pass outside probate, although trust administration may still be required.

Why should I hire a probate attorney?

Florida probate involves legal deadlines, court filings, fiduciary duties, real estate transfers, creditor claims, and tax considerations. An experienced probate attorney can help avoid costly mistakes, resolve disputes efficiently, and guide families through the administration process with confidence.

Related Probate Resources

Continue learning about Florida probate and estate administration by exploring these related resources:

• Probate Attorney
• Summary Administration
• Formal Administration
• Ancillary Probate
• Probate Litigation
• Will Contests
• Trust Administration
• Estate Planning
• Lady Bird Deeds
• Guardianship
• Selling Real Estate During Probate
• Florida Probate Checklist
• Personal Representative Duties
• Probate Timeline
• Probate Costs
• Probate Blog

Schedule a Consultation with a St. Augustine Probate Attorney

Whether you are serving as a Personal Representative, administering an estate, handling a trust, selling inherited real estate, or facing a probate dispute, St. Johns Law Group is ready to help.

Our attorneys represent clients throughout St. Augustine, St. Johns County, Ponte Vedra, Jacksonville, Palm Coast, Flagler County, Clay County, Putnam County, Duval County, and throughout Northeast Florida.

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

 Call us today at (904) 495-0400 or email info@sjlawgroup.com directly.

At St. Johns Law Group, we are committed to delivering the Dedicated & Responsive Service® you can count on.