St. Petersburg Probate Attorney

What Is Probate?

The word probate means to prove. In Florida, probate courts handle the transfer of a deceased person’s estate (and their assets) through a judicial proceeding. Probate ensures that the person's wishes, as outlined in their will, are honored as they intended.

Our team guides you when a loved one passes and their assets must be transferred to beneficiaries. The probate process in Florida can be complex, but we help you navigate these unfamiliar steps with clear direction.

If you need a high caliber probate lawyer in St Petersburg, you can trust that HKH Elder Law can help you navigate the probate process.

We are:

• A firm that treats clients like family
• When you hire us, you get the whole team
• You can expect fast response times

Call (727) 240-2350 or contact us online to schedule a consultation with our experienced Florida probate lawyers today.

How Does Probate Work in FL?

The basic goal of probate is to transfer a clear title to assets to the rightful beneficiaries. Assets subject to this process are known as probate assets.

These assets are controlled by a Last Will and Testament or, if no will exists, by state law. Dying with a will is called testate. Dying without a will is called intestate.

Typically, in a testate estate (with a will), the will names a personal representative to:

• Identify and collect assets
• Pay the decedent’s debts and expenses
• Distribute the remaining assets to the named beneficiaries

The will may create trusts for minors or other beneficiaries needing protection.

The probate process includes multiple steps beyond validating a will and handing over assets. The court supervises administration, from appointing the personal representative to ensuring debts are properly paid. If disputes come up—such as will contests or disagreements between heirs—the court steps in to resolve them. Every action in probate must meet legal requirements and deadlines, which makes precise documentation essential throughout the proceedings.

What If There Is No Will?

If the person died intestate (no will), Florida law determines who will be the beneficiaries or heirs. Heirs are typically the spouse (if one) and children. If there are no children or grandchildren, other close relatives inherit.

The distribution under these laws may not reflect the decedent’s wishes. Regardless, the intestate estate must go through the full court probate process.

When no will exists, probate operates under strict rules to ensure proper payment of debts before distributing assets to heirs. The court appoints a personal representative, usually based on the priorities set by law, to handle the estate’s affairs. Without a will, probate often becomes more complex and time-consuming, as decisions the decedent could have made now follow the legal default procedures.

When Is Probate Required in Florida?

Probate is required when a person dies with assets titled in their name only.

Here are some common situations requiring probate administration:

• A bank or investment account is titled in the deceased person’s name alone
• The decedent owned real estate solely in their name
• The decedent owned a business with no successor
• The decedent had life insurance without a named beneficiary
• An institution or individual holding assets requests “court papers” to release them

Here are some examples of assets that usually bypass probate:

• IRAs that designate beneficiaries
• Life insurance policies with named beneficiaries
• Assets held in trust
• Accounts set up with joint tenancy with right of survivorship provisions

Do All Estates Go Through Probate in Florida?

Not all estates must go through the probate process in Florida. Courts require probate only if someone dies without a will or trust and with assets held solely in their name. The process distributes property and other assets as required by law.

Property typically avoids probate if the following have beneficiaries’ names or joint owners:

• The property
• Bank accounts
• Insurance
• 401(k) plans
• All assets

Beneficiary designations aren’t always the best plan for every situation. Discuss this option thoroughly with your estate planning attorney to determine if it fits your needs.

If you are handling probate as a personal representative, Florida law requires you to have an attorney with you at the probate hearing. The experienced St. Petersburg probate attorneys at HKH Elder Law can explain your rights and help guide you through each step. Call now for a consultation!

If the value of the estate justifies probate but you have concerns about fees, call us at (727) 240-2350 or contact us online to discuss your options.

The Formal Probate Process in Florida

The formal probate process in the state of Florida includes the following steps:

Locate the Original Will

The original will must be submitted to the clerk of court within 10 days of death.

If you don’t submit the will promptly, delays can result and disputes may arise, especially if more than one will exists or someone questions its validity. The court reviews the original document to confirm the decedent’s intentions.

Give Required Notice to Beneficiaries and Creditors

Florida law requires a Notice of Administration to go to beneficiaries named in the will and to the surviving spouse.

Known creditors must also receive a Notice to Creditors, giving them time to make claims against the estate. The notice appears in a local newspaper to alert unknown creditors, along with the claim deadline.

Proper notice protects the estate from surprise claims and ensures all interested parties can participate in the process. Creditors generally have a set time, after receiving notice, to file claims. If they miss the deadline, their claims are usually barred.

Marshall Assets

The personal representative takes control of estate assets and provides an inventory for beneficiaries and the court.

This inventory lists each asset with enough detail for accurate evaluation. Transparency in this process reduces confusion and disputes while supporting full compliance with court requirements. The complete, accurate inventory also protects the personal representative throughout the administration.

Creditor Disputes

Creditors can file claims against the estate, which the personal representative reviews with an attorney. If the personal representative objects to a claim, the creditor may sue the estate.

Guidance from an attorney in these matters can streamline the process if the probate is straightforward, sometimes allowing completion in under a year.

If creditor disputes escalate to a lawsuit, the court examines all evidence before ruling. Some disagreements require negotiation or mediation. Fast action on disputes prevents unnecessary delays and helps conserve estate resources.

Beneficiary Distribution

After all estate activities are complete, the personal representative distributes remaining assets to beneficiaries.

The representative prepares a final accounting and plan for distribution. Beneficiaries must sign a release or obtain court approval before full distribution occurs.

Final distributions take place only after all debts, expenses, and disputes are settled. Detailed records of all payouts and approvals create a clear record if questions come up in the future.

Discharge

The personal representative files a final accounting, plan of distribution, and a petition for discharge with the probate court.

The judge reviews and grants the discharge if all requirements have been met. Legal counsel helps ensure this process runs smoothly and in accordance with the law.

The discharge releases the personal representative from additional obligations and closes the probate case. Once this happens, the courts require no further action unless new estate assets or claims emerge. Discharge marks the official end of estate administration and gives closure to those involved.

 How Long Does Probate Take in Florida?

An estate may qualify as simple or Summary Administration and could take three months or less if it meets either of these factors:

• The estate is valued under $75,000 and there are no unpaid creditors
• The decedent has been deceased for two years or longer

Estates qualify as complex or litigated and can take at least two years if one or more of the following apply:

• Beneficiaries have not been identified
• The valid will is missing
• There is disagreement about who should be the personal representative
• Creditor negotiations are necessary
• The estate is involved in litigation
• Income tax issues exist, such as determining taxability or resolving filing questions, which may take years
• The will’s authenticity is in dispute

Not sure which type of probate applies to your situation? HKH Elder Law will walk through your case and explain your options in detail.

During the initial consultation, our team of estate planning and probate attorneys review your circumstances and help you understand every available path.

What Does a Probate Cost?

The cost of probate usually consists of these expenses:

• Court fees
• Bond fees
• Attorney fees
• Personal representative fees

That’s why we handle probate matters where assets justify the time and costs involved.

Total expenses can vary based on the complexity of the estate, any need for extra legal filings, or surprises such as contested claims. Accurate recordkeeping and regular updates to all parties help manage costs and keep the administration transparent. We discuss likely costs at the outset, so our clients know what to expect and can plan accordingly.

Our Probate Fees

Our formal probate administration fees typically start around $6,500–$7,500, and our summary probate administration fees typically start around $3,500, or may be charged as a percentage of the estate, according to Florida statutes. Florida law considers three percent of the estate value under $1 million a reasonable fee, with lower percentages for larger estates.

Every probate is unique, so we set a reasonable fee after learning about your estate during our consultation.

Some estates bring added complexity, such as business assets, substantial debts, or unresolved family disputes. Such cases may require more time and attention, which can influence costs. We clearly explain these factors up front, so you can make decisions with confidence and clarity throughout the process.

Step-by-Step Guidance through the Florida Probate Process

Every probate administration involves unique circumstances. We help you address challenging questions head-on, consider all your legal options, and make informed choices. Discuss your case and possible solutions with our attorneys today.

We serve clients in St. Petersburg, Tampa Bay, and the nearby region with all aspects of the probate process and estate planning, helping you avoid future probate when possible. 

If you need a probate attorney in St. Petersburg or the surrounding areas, HKH Elder Law can provide the professional legal guidance you need and deserve. Call (727) 240-2350 or contact us online today.

Understanding Estate Administration

Estate administration involves more than managing assets during probate. It covers all steps required to settle a deceased person's financial matters, from gathering property to paying debts and taxes, and finally distributing remaining assets to beneficiaries or heirs. In addition to probate, estate administration can include handling non-probate assets, satisfying outstanding bills, and working with financial institutions to close accounts.

The personal representative plays a key role by keeping records, following court rules, and handling every detail in a timely manner. Proper estate administration reduces conflict, supports full accountability, and protects all interested parties from surprises. Working with attorneys at HKH Elder Law provides a clear plan and peace of mind during one of life's most challenging times.

Unique Considerations in Florida Probate & Estate Administration

Florida law introduces features that impact probate and estate administration, including unique protections for homestead property and strict rules for asset transfers. The state establishes deadlines for actions like submitting wills, notifying creditors, and managing taxes. Procedures and timelines may change depending on the court or the estate's size and complexity, so partnering with professionals who know Florida estate laws can streamline the process.

Challenges sometimes arise over will validity, the decedent’s mental capacity when making the will, or creditor claims. Open communication throughout the process helps prevent conflict, while careful tracking of steps and documentation at each stage supports a smooth administration. Paying attention to these considerations helps avoid disputes and unnecessary delays, ensuring families receive clear guidance and can move forward confidently.

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Related Reading:

• What Is Probate & When Is It Necessary?