St. Augustine's Largest Law Firm

St. Augustine Probate Attorneys

Florida Probate, Estate Administration, Will Contests & Trust Litigation

When a loved one passes away, families are often faced with legal responsibilities while still grieving. Probate can involve court filings, creditor claims, real estate transfers, tax issues, business interests, and disputes among heirs or beneficiaries. Having experienced legal counsel can make the process more efficient while helping protect the estate and the wishes of the person who passed away.

At St. Johns Law Group, our probate attorneys guide personal representatives, trustees, beneficiaries, surviving spouses, and family members through every stage of Florida probate and estate administration. As St. Augustine’s largest law firm, with 14 attorneys and more than 300 years of combined legal experience, we provide comprehensive representation for straightforward estate administrations as well as complex probate litigation involving substantial assets, closely held businesses, real estate, trusts, and contested wills.

Unlike firms that focus solely on probate, our clients also benefit from an integrated legal team that includes attorneys concentrating in:

Whether you are opening probate, administering an estate, selling inherited property, resolving disputes among beneficiaries, or defending a personal representative, our attorneys are prepared to help from the initial filing through the final distribution of assets.

Florida Probate Resource Center

What Is Probate?
Do All Estates Require Probate?
Types of Probate
Probate Timeline
Duties of a Personal Representative
Probate Assets
Non-Probate Assets
Probate Real Estate
Creditor Claims
Probate Litigation
Trust Administration
Guardianships
Estate Taxes
Probate Costs
Probate FAQs

What Is Probate?

Probate is the court-supervised legal process used to identify, protect, value, administer, and distribute a deceased person’s property. Florida probate ensures that valid debts are paid, beneficiaries receive the property they are entitled to, and the wishes expressed in a valid will are honored. Depending on the estate, probate may involve formal administration, summary administration, or limited alternatives such as disposition without administration.

Although many people think probate simply means “reading a will,” the process often includes:

Filing the will with the court
Appointment of a Personal Representative
Identifying heirs and beneficiaries
Notifying creditors
Collecting and safeguarding assets
Preparing inventories
Managing investments
Selling real estate
Operating businesses
Paying taxes and debts
Distributing inheritances
Closing the estate

Every estate is different. Some administrations can be completed relatively quickly, while others involving litigation or significant assets may require substantially more time.

Why Families Choose St. Johns Law Group

Families throughout Northeast Florida choose St. Johns Law Group because we offer far more than probate administration. Our multidisciplinary legal team provides coordinated advice across the issues that frequently arise during estate administration, including:

Probate administration
Trust administration
Estate litigation
Guardianships
Business succession
Asset protection
Real estate sales and closings
Title insurance matters
Tax planning
Commercial litigation when estate-owned businesses are involved

This integrated approach allows clients to work with one law firm rather than multiple firms when an estate includes real estate, business interests, trusts, tax questions, or contested proceedings.

Florida Probate Timeline

Understanding the probate process helps families know what to expect.

Typical Probate Process

Death of the decedent
Locate original will or determination of no will
Determine probate requirements
File petition with the probate court
Appointment of the Personal Representative
Issue Letters of Administration
Notify beneficiaries and heirs
Publish and serve notice to creditors
Gather and inventory estate assets
Value real estate and business interests
Resolve creditor claims
Pay taxes and expenses
Sell or transfer estate property when necessary
Prepare final accounting
Distribute assets
Close the estate

Types of Florida Probate

Formal Administration

Formal administration is the most common type of probate and is generally required for larger or more complex estates. It involves court supervision, appointment of a personal representative, creditor notice, asset administration, and final distribution.

Summary Administration

Summary administration is available in certain circumstances, including when the estate subject to administration does not exceed statutory thresholds or the decedent has been deceased for more than two years, subject to Florida law.

Ancillary Probate

If someone who lived outside Florida owned Florida real estate, an ancillary probate proceeding may be required to transfer the property.

Disposition Without Administration

In limited situations involving very small estates, Florida law provides an alternative that may avoid formal probate.

Probate and Florida Real Estate

One of St. Johns Law Group’s greatest strengths is helping families administer estates that include real estate.

Our attorneys routinely assist with:

Selling inherited homes
Vacation homes
Waterfront property
Commercial buildings
Rental properties
Vacant land
Agricultural property
Homestead issues
Title defects
Quiet title actions
Mortgage issues
HOA and condominium issues
Title insurance
Closing inherited property

Because our firm includes both probate attorneys and experienced real estate attorneys, we can often coordinate the probate process and the property sale without requiring clients to hire multiple firms.

Probate Litigation

Not every estate proceeds smoothly. When disagreements arise, our trial attorneys represent clients in contested probate proceedings involving:

Will contests
Lack of testamentary capacity
Undue influence
Fraud
Forgery
Improper execution
Beneficiary disputes
Fiduciary duty claims
Removal of personal representatives
Accounting disputes
Trust litigation
Asset concealment
Business ownership disputes
Real estate ownership disputes

As a firm with a strong record of courtroom advocacy, St. Johns Law Group is prepared to litigate probate disputes when negotiation is not enough.

Probate and Estate Planning

Many probate issues can be minimized through thoughtful estate planning. Our attorneys also advise clients on strategies such as:

Wills and pour-over provisions
Trusts designed to avoid probate
Advance Directives to avoid Guardianship issues
Durable Powers of Attorney for incapacity planning
Real estate deeds (quit claim & lady bird deeds) for probate avoidance

Why Choose St. Johns Law Group?

St. Augustine’s Largest Law Firm – 14 attorneys, 300+ years of combined legal experience
Comprehensive Team – probate, estate planning, tax, real estate, and litigation attorneys under one roof
Local Knowledge – serving St. Augustine, Ponte Vedra, Palm Coast, Jacksonville, and surrounding areas
Dedicated & Responsive Service® – trusted to handle both simple estates and complex disputes

Areas We Serve

Our probate and estate administration attorneys serve clients throughout:

St. Augustine & St. Augustine Beach
Ponte Vedra & Ponte Vedra Beach
Nocatee, Silverleaf & St. Johns
Palm Coast, Flagler Beach & Bunnell
Jacksonville & Duval County
Palatka & Putnam County
Green Cove Springs & Clay County
Fernandina Beach & Nassau County

📞 Schedule a Probate Consultation Today

Whether you need guidance with Florida probate administration or are involved in a will or trust dispute, our experienced probate attorneys in St. Augustine are here to help.

👉 Contact St. Johns Law Group today to schedule your consultation—in person, by phone, or virtually.

Frequently Asked Questions About Florida Probate

What is probate in Florida?

Probate is the court-supervised legal process of administering a deceased person’s estate. Depending on the circumstances, probate may involve validating a will, appointing a Personal Representative, identifying estate assets, notifying creditors, paying debts and taxes, transferring property, and distributing assets to beneficiaries or heirs. While every estate is different, probate is designed to ensure that assets are properly administered under Florida law.

Does every estate have to go through probate?

No. Many assets transfer outside of probate, including jointly owned property with rights of survivorship, life insurance with named beneficiaries, retirement accounts, payable-on-death (POD) accounts, transfer-on-death (TOD) accounts, and assets held in a properly funded revocable living trust. An experienced probate attorney can determine whether probate is necessary for a particular estate.

How long does probate take in Florida?

The length of probate depends on the size and complexity of the estate. Some estates that qualify for summary administration can be completed relatively quickly, while formal administration generally requires more time because of required creditor notice periods and estate administration tasks. Estates involving litigation, business interests, or complex real estate holdings may take significantly longer.

What is the difference between formal administration and summary administration?

Formal administration is the traditional probate process used for most estates requiring court supervision. Summary administration is a simplified procedure available only when the estate qualifies under Florida law. Determining which process applies depends on several factors, including the value of probate assets and the circumstances of the estate.

What happens if someone dies without a will?

If a person dies without a valid will, Florida’s intestate succession laws determine who inherits the estate. The distribution of assets depends on the surviving spouse, children, and other family members. Even without a will, probate is often necessary to administer the estate and transfer ownership of probate assets.

What does a Personal Representative do?

The Personal Representative is responsible for administering the estate according to Florida law and any valid will. Duties typically include locating and protecting assets, notifying beneficiaries and creditors, managing estate finances, paying valid debts and taxes, preparing required court filings, and distributing property to beneficiaries before closing the estate.

Can I sell a house during probate?

Yes. In many cases, estate real property may be sold during probate, although the process depends on the authority granted to the Personal Representative, the terms of the will, and applicable Florida law. Because our firm includes experienced probate, real estate, and title attorneys, we regularly assist families with probate real estate transactions from beginning to end.

What assets usually go through probate?

Assets commonly subject to probate include individually owned real estate, bank accounts without beneficiary designations, vehicles titled solely in the decedent’s name, personal property, investment accounts without transfer-on-death designations, and ownership interests in closely held businesses.

What assets typically avoid probate?

Many assets transfer automatically outside of probate, including property held in a revocable living trust, jointly owned property with survivorship rights, payable-on-death accounts, retirement accounts with designated beneficiaries, and life insurance proceeds payable to named beneficiaries.

Can a will be contested?

Yes. A will may be challenged under limited legal grounds, including undue influence, lack of testamentary capacity, fraud, forgery, or failure to comply with Florida’s legal requirements for execution. Will contests are often complex and require experienced probate litigation counsel.

Can a Personal Representative be removed?

Yes. Florida courts may remove a Personal Representative for misconduct, conflicts of interest, failure to fulfill fiduciary duties, incapacity, or other circumstances that interfere with the proper administration of the estate. Removal proceedings can be highly contested and often require experienced litigation representation.

What happens if family members disagree during probate?

Disagreements among beneficiaries, heirs, trustees, or Personal Representatives are not uncommon. Many disputes can be resolved through negotiation or mediation, while others require probate litigation. St. Johns Law Group represents clients in contested probate matters involving wills, trusts, fiduciary duties, real estate, and business interests.

Are probate attorney fees paid personally by the Personal Representative?

In many cases, reasonable attorney fees incurred for the administration of the estate are paid from estate assets rather than personally by the Personal Representative. The amount and method of payment depend on the services provided and applicable Florida law.

Can probate be avoided?

Although probate cannot always be avoided, careful estate planning may reduce or eliminate probate for certain assets. Common planning tools include revocable living trusts, Lady Bird Deeds (Enhanced Life Estate Deeds), beneficiary designations, payable-on-death accounts, and proper ownership structuring. Our estate planning attorneys help clients develop strategies that fit their family’s goals and circumstances.

Why should I hire a probate attorney?

Florida probate involves strict procedural requirements, legal deadlines, court filings, creditor claims, fiduciary responsibilities, and property transfers. An experienced probate attorney can help avoid costly mistakes, protect estate assets, resolve disputes efficiently, and guide Personal Representatives and beneficiaries through every stage of the process.

Why choose St. Johns Law Group for probate matters?

St. Johns Law Group provides comprehensive probate representation backed by one of the largest legal teams in Northeast Florida. In addition to probate and estate administration, our attorneys handle estate planning, probate litigation, trust disputes, guardianships, business succession planning, real estate transactions, title matters, tax issues, and complex civil litigation. This multidisciplinary approach allows families to address virtually every legal issue affecting an estate with one experienced law firm.

Meet Our Probate & Estate Planning Attorneys

Need Help with Probate?

Whether you are opening a probate estate, serving as a Personal Representative, administering a trust, selling inherited real estate, or resolving a probate dispute, the attorneys at St. Johns Law Group are here to help. We represent clients throughout St. Augustine, St. Johns County, Ponte Vedra, Jacksonville, Palm Coast, Flagler County, Putnam County, Clay County, Duval County, and throughout Northeast Florida.

Schedule a consultation today to discuss your probate, estate administration, or probate litigation matter with an experienced Florida probate attorney.

+904.495.0400

Probate & Estate Administration Attorneys in St. Augustine | Will Contests & Trust Disputes