How Much Does Probate Cost in Florida?
Probate costs in Florida vary depending on the estate’s size and complexity. Common expenses include court filing fees, attorney fees (often based on a statutory percentage of the estate value), personal representative fees, and costs for appraisals or accounting.
For example, Florida law allows attorneys to charge 3% of the estate’s value for estates up to $1 million, with reduced percentages for amounts over that. This means a $500,000 estate could incur $15,000 in attorney fees alone.
Planning ahead with probate-avoidance strategies—such as trusts, beneficiary designations, and joint ownership—can save your loved ones thousands of dollars in fees and months of delays. Book a consultation with Kristen Weiss Legal to start planning your personalized plan today!
Do All Estates Go Through Probate in Florida?
Not every estate must go through probate in Florida. Assets with designated beneficiaries—such as life insurance, retirement accounts, and payable-on-death bank accounts—pass directly to the named individual. Property held jointly with rights of survivorship also bypasses probate.
However, assets solely in the decedent’s name without a beneficiary designation typically require probate. Whether the estate qualifies for summary or formal administration depends on its size and complexity.
Proper estate planning can help ensure most, if not all, of your assets avoid probate entirely. To get tailored legal advice, book a consultation with Kristen Weiss Legal.
Can I Change My Will or Trust in Florida?
Life changes—such as marriage, divorce, births, deaths, or financial shifts—often require updates to your estate plan. In Florida, you can change your will by creating a codicil (amendment) or drafting a new will entirely. Trusts can usually be amended or restated if they are revocable.
Failing to update your documents can cause confusion, unintended beneficiaries, or even disputes after your death. Keeping your plan current ensures it works as intended when your loved ones need it most.
Review your estate plan every three to five years—or sooner if you experience a major life change. Whether you are updating your existing plan or starting from scratch, the trusted estate planning attorneys at Kristen Weiss Legal can help! Book a consultation today.
What Is Summary Administration in Florida Probate?
Summary administration is a simplified probate process available in Florida when the estate is worth less than $75,000 or the decedent has been dead for more than two years. It can save significant time and money compared to formal administration.
This process doesn’t require appointing a personal representative, and the court can issue an order to distribute assets more quickly. However, it’s not available for all estates, particularly if there are unresolved debts or disputes.
An attorney can help you determine whether summary administration is appropriate and ensure all legal requirements are met to avoid delays. Book a consultation with the experienced Florida probate team at Kristen Weiss Legal to get tailored legal advise on how to best handle your probate administration,
What Is the Difference Between a Will and a Trust in Florida?
A will is a legal document that outlines how you want your property distributed after death. It must go through probate, which is a court-supervised process. A trust, on the other hand, can hold your assets during your lifetime and pass them to beneficiaries without probate.
Trusts offer additional privacy, can be used to manage assets during incapacity, and allow for more detailed instructions on how and when beneficiaries receive inheritances. Wills are simpler and less expensive upfront but may result in higher costs and delays later.
The choice depends on your assets, privacy concerns, and family dynamics. Many Florida residents use both to create a comprehensive estate plan. Book a consultation with the expert Florida estate planning team at Kristen Weiss Legal.
How Long Does Probate Take in Florida?
The length of probate in Florida depends on the estate’s complexity, the type of probate, and whether disputes arise. Summary administration may take as little as one to two months, while formal administration often takes six to twelve months or longer.
Factors that can slow the process include creditor claims, locating missing heirs, disputes over the will, or complex asset sales. Courts also operate on their own schedules, which can add delays.
Planning ahead with trusts, proper titling, and up-to-date beneficiary designations can significantly reduce or eliminate probate delays for your loved ones. Book a consultation with the experienced Florida probate team at Kristen Weiss Legal.
What Happens if You Die Without a Will in Florida?
If you pass away in Florida without a will, you are considered to have died “intestate,” and Florida law determines who inherits your property. The distribution depends on your family structure—whether you have a surviving spouse, children from a prior relationship, or other relatives.
For example, if you have no children outside your current marriage, your spouse inherits everything. But if you have children from another relationship, your spouse and children will share the estate according to a statutory formula.
Creating a will ensures that you—not the state—decide how your assets are distributed. It also allows you to name a guardian for minor children and an executor to manage your estate.
How Can I Avoid Probate in Florida?
Probate can be time-consuming and costly, so many Florida residents look for ways to avoid it. One of the most effective tools is a revocable living trust, which allows assets to pass directly to beneficiaries without court involvement. Another option is to use beneficiary designations on accounts like life insurance, retirement plans, and bank accounts.
Joint ownership with rights of survivorship can also bypass probate, although it must be structured carefully to avoid unintended consequences. Transfer-on-death deeds (also called “lady bird” deeds in Florida) are another powerful tool for real estate.
Avoiding probate can save your family months of waiting and hundreds to thousands of dollars in court and attorney fees. The right strategy depends on your assets, family situation, and long-term goals. Kristen Weiss Legal specializes in estate plans to avoid probate in Florida. Book a consultation today!
How Does Probate Work in Florida?
Probate in Florida is the court-supervised process of administering a deceased person’s estate. It ensures debts are paid and assets are distributed according to a will or Florida law if no will exists. Depending on the estate’s size and complexity, probate can take several months to over a year.
Florida offers different types of probate: formal administration for larger estates, and summary administration for smaller estates or when the decedent has been deceased for more than two years. Each process has specific filing requirements and court procedures.
Understanding the costs of probate in Florida can save your family stress during a difficult period. An experienced probate attorney can help you navigate the process, avoid mistakes, and potentially expedite the administration. Book a consultation with Kristen Weiss Legal to consult with an experienced Florida probate attorney.
Do I Need a Will in Florida if I Already Have a Trust?
Even if you have a revocable living trust in Florida, a will often remains an important part of your estate plan. Your trust can only control assets that are actually transferred into it, so any property left outside the trust at your death may still require a will to ensure it’s distributed according to your wishes. Without a will, those assets could be subject to Florida’s intestacy laws, meaning the state decides who inherits them.
A common solution is a “pour-over will,” which directs any remaining assets into your trust upon death. This ensures that your trust’s terms control the distribution of your entire estate, keeping your plan cohesive and avoiding unintended beneficiaries.
Working with an experienced Florida estate planning attorney ensures your will and trust are drafted to work together and can be updated when your circumstances change. This approach can save your loved ones time, legal fees, and emotional stress after your passing. Book a consultation with Kristen Weiss Legal to consult with an experienced Florida estate planning attorney.