Florida Probate Attorneys Providing Comprehensive Guidance
Last updated on June 3, 2025
Florida probate is the legal process for distributing your property after you die. There are many factors that determine the complexity of the probate process. Some of those factors include whether or not you have a will, the number of assets in your estate, how many beneficiaries and heirs you have, and whether or not there is anyone who objects to or contests your will. Probate administration notifies any beneficiaries and creditors of your death, determines who receives which assets, and finalizes the distribution of those assets.
The team at Akin Law P.A. can help you prepare for and avoid, when possible, the probate process. Call 386-271-4740 and speak with us about your situation.
The Probate Process Does Not Have To Be Complicated
A well-prepared estate plan can make the probate process unnecessary in many cases. However, not every estate plan is qualified to circumvent Florida probate.
If there is no will outlining your wishes, your assets must be distributed according to Florida state law.
Your assets will not be distributed in accordance with what you wanted or what your family says you wanted. This is why a will is a must-have, even for people of modest means.
Florida Has Three Types Of Probate
Under Florida law, there are three main types of probate:
- Formal administration
- Summary administration
- Disposition without administration
The type of probate your estate will require will depend greatly on the value of your assets.
Answering Your Florida Probate Questions
The Florida probate process can be confusing, but our firm is here to help. We have extensive Florida probate experience and can offer experienced guidance and support during this process.
Is a personal representative different from an executor?
Florida probate attorneys and courts typically prefer to use the term “personal representative” instead of executor or administrator. However, these terms are similar and people often use them interchangeably.
What does a personal representative do?
If a friend, family member or loved one names you as their personal representative, you have a legal obligation to administer the probate estate after that person dies. You must “act in good faith” and distribute the assets as per the will and by following Florida law. Because you will be in charge of bank accounts and other financial assets, you have a “fiduciary duty.” You must not act in your own best interest but in the interest of the estate’s beneficiaries.
What happens if someone dies and does not leave a will?
If a person left no will, that means they died “intestate.” Florida has rules as to how that estate will be distributed. Without a will, the distribution of assets can become complex and sometimes contentious.
If a person does leave a will but, as a beneficiary, you do not believe the will is valid (or that the person who made the will was not of sound mind or under duress), you may wish to pursue a will contest.
This is why preparing a will now with a Deland probate attorney is strongly advised.
Do I need a probate lawyer if a family member’s estate needs to go through probate?
Typically, state law requires the assistance of an estate probate attorney. In some cases, where a person left little or no estate or when the personal representative is the only one inheriting assets, no probate may be required. It is wise to consult an attorney to ensure this is the case.
If you are a beneficiary and do not think the personal representative is managing the estate ethically or per the will, you may want to consult with a Volusia County probate attorney to better understand your rights and options.
The Value Of Florida Probate Attorneys’ Guidance
Aside from a few circumstances, probate administration must be handled by a qualified attorney. The probate administration process can be time-consuming and burdensome, no doubt an experience that most people have no interest or energy for. However, many people do not effectively prepare for what happens to their assets after they die, leaving probate as the only option. Additionally, legal disputes can arise during the process, making intervention from a probate litigation lawyer essential.
Get In Touch With Us For Answers And Guidance
You may wish to have a better understanding of the Florida probate process or want to know your rights and obligations during the process or as an administer. We can help. Call 386-271-4740 or email our team at the office via the website contact form. Our office is in DeLand, and we serve clients throughout Volusia County.
