Your first step will be a brief introductory call with one of our staff. We'll learn about your situation, answer your initial questions, and match you with the right attorney for a complimentary consultation.

Next, we’ll schedule your free 30-minute (phone or in-person) consultation and provide a short form for you to complete. The form will help us gather additional information so we can determine whether probate is needed and, if so, what type is required. 

Receiving the completed form before your consultation ensures a smooth process and gives our attorneys more time to answer your questions.

We believe probate should only be used when necessary, and many families are able to avoid it entirely. During your attorney consultation, we will review the available information to determine whether probate is required. If it is, we will guide you through the next steps.

The two types of probate used in Florida are Summary Administration and Formal Administration. During this consultation, we will also review the will (if one exists), identify the beneficiaries or the heirs at law, and discuss the role of the personal representative.

Once we’ve gathered the necessary information and documentation, we’ll prepare the initial probate pleadings and send them to you for your signature. Some documents may need to be notarized. After the signed documents are returned, we will file them with the court for the Judge’s review. For a Formal Administration, if the pleadings are approved, the Judge will issue Letters of Administration giving you, as the personal representative, legal authority to act on behalf of the estate. For a Summary Administration, the Judge will instead enter an Order of Summary Administration directing the distribution or transfer of the estate assets.

Once the appropriate court documents are issued, we will guide you through the next steps for handling and transferring the estate assets. In a Summary Administration, assets are transferred pursuant to the court’s Order of Summary Administration.

In a Formal Administration, the personal representative will use the Letters of Administration to take control of and administer estate assets. We will assist with preparing an inventory of estate assets. The completed inventory must be filed with the court within 60 days after the Letters of Administration are issued.

During this step, you will also give formal notice to beneficiaries and creditors as required by Florida law. 

This is where most of the estate's administration takes place. The timeline depends on the number of assets, the beneficiaries involved, and whether there are creditor claims. On average, probate takes six months to a year, since many of these steps require the court's involvement. 

Regardless of the complexities involved, the primary purpose of probate is to settle a person's legal and financial affairs and distribute their assets to the rightful beneficiaries after all creditor claims have been addressed. Our goal is always to complete the process as efficiently as possible while properly managing the estate and reporting to the court.

Once all creditors have been properly addressed and assets have been distributed to all beneficiaries, we will prepare to close the estate. Our team will draft and file the necessary documents with the court to complete the probate process and request that you, as the personal representative, be formally discharged from your responsibilities.

When the Judge signs the Order of Discharge, your duties as personal representative officially end. As a final step, if a bond was required, we will also notify the bonding company that you have been discharged.

Our probate fees are generally based on a minimum fee or a percentage of the estate, depending on the circumstances. For routine probate administrations, Florida law provides a statutory fee schedule based on the value of the probate estate. For estates valued between $100,000 and $1 million, the fee under the statutory schedule is generally 3% of the probate estate.

As a general guide:

• Summary Probate (without real property): clients can expect a minimum fee of $3,500
• Formal Probate (without real property): clients can expect a minimum fee of $6,500

Factors that may increase fees include improperly prepared wills, the need to locate witnesses to validate a will, conflicts among beneficiaries, difficulty locating beneficiaries, and the extensive work required to address improperly titled assets. 

Every probate administration is unique, so our fees are tailored to the specific needs and complexity of each estate. During your consultation, we’ll learn more about your situation and provide a reasonable fee based on the services required.