Probate attorneys guiding Florida estate administration
Understanding The Florida Probate Process
Probate in Florida is a court supervised process that validates a will, appoints the personal representative, and oversees payment of debts before distributing assets to heirs. Whether an estate is testate or intestate, families in Winter Park, Orlando, Maitland, and Altamonte Springs rely on experienced counsel to keep filings accurate and the timeline on track. Florida offers summary administration for smaller estates and formal administration for larger or more complex estates. If a loved one owned property near Park Avenue or across county lines, our team explains which court has jurisdiction and what documents are required.
Compassionate Probate Representation
Richard A. Heller, P.A. helps personal representatives open the estate, obtain Letters of Administration, publish creditor notices, and complete inventories that reflect real values across accounts and real estate. Our office manages deadlines, coordinates with financial institutions, and communicates with beneficiaries so everyone understands each step. If an out of state decedent owned Florida property, we also handle ancillary proceedings and keep the matter moving in the correct county.
What To Expect In Florida Probate
The process typically begins with filing a petition to open the estate in the county where the decedent lived, followed by appointment of the personal representative. After notice to known creditors and publication, valid claims are addressed and taxes are handled as needed. An inventory documents estate assets, then distributions follow the will or Florida law. Timelines vary by complexity, but many formal administrations take several months to a year. Factors like disputed claims or hard to value assets can extend the schedule, while well organized records often shorten it.
Within this section, planning ahead can reduce court involvement. Many families choose comprehensive estate planning to align titles and beneficiary designations before issues arise, and others ask how to avoid probate for future peace of mind.
Assets That May Bypass Probate
Not every asset goes through court. Pay on death and transfer on death accounts, jointly titled property with survivorship, life insurance with beneficiaries, and assets funded into a revocable trust typically transfer outside probate. We review deeds and designations in Orange, Seminole, Osceola, Volusia and surrounding counties to confirm how property and accounts will pass and to prevent surprises during administration.

Probate And Trust Administration
Assets titled in a living trust do not enter probate, but they still require organized administration. Trustees must gather records, notify beneficiaries, and follow the trust’s terms. Our team assists trustees with practical steps, accountings, and distributions so administration stays compliant and efficient.

Our Probate Philosophy
We focus on uncontested probate administration and refer contested litigation to trusted colleagues when a dispute arises. If you anticipate conflict, we can advise the personal representative on procedures that reduce friction and recommend litigators when necessary. Families appreciate clear expectations, steady updates, and a respectful approach during a difficult season.
Frequently Asked Questions
Do all estates require probate in Florida?
If assets are in the decedent’s sole name with no beneficiary or trust, probate is required. Small estates may qualify for summary administration, while non probate assets like life insurance with beneficiaries or joint property pass outside court.
How much does probate cost in Florida?
Expenses include court and publication fees along with attorney fees that may follow statutory guidelines based on estate value. Organized records and timely responses help control cost and prevent delays.
Can probate be done without an attorney?
Most Florida estates require an attorney, especially when real property is involved. Legal guidance helps personal representatives meet fiduciary duties and avoid costly mistakes.
What if someone is mismanaging the estate?
Beneficiaries have rights, and disputes may require a litigation attorney. We counsel personal representatives on best practices and can provide referrals when court intervention is appropriate.