Is Probate About Property or People? What Really Happens During Florida’s Probate Process
When most people hear the word “probate,” they think of legal battles over money or property. But probate is not just about property, it’s about people. It’s about honoring someone’s final wishes, protecting loved ones, and making sure the transition after a loss is handled with care. And while many people try to avoid probate altogether, the truth is: probate isn’t bad and it can’t always be avoided–sometimes creditors can force an estate to be opened.
If you’re facing the probate process or planning ahead for your family, here’s what you need to know.
What Is Probate?
Probate is the legal process by which a deceased person’s estate is administered and distributed. If there’s a will, the court ensures it’s valid and followed. If there’s no will, the court relies on Florida’s intestacy laws to determine who inherits assets.
During probate, the court, attorney, and client will:
- Validate the will (if one exists)
- Appoint a personal representative
- Notify creditors and heirs
- Inventory and appraise assets
- Ensure debts and taxes are paid
- Distribute remaining assets to beneficiaries
Whether the deceased left behind a waterfront condo in Jacksonville or a modest estate, probate ensures everything is handled legally.
What Happens If There’s No Will?
If a loved one dies without a will (known as dying intestate), the court appoints a personal representative. This in itself can be a battle between family or friends. Florida law decides who receives what. This often leaves families confused, frustrated, or in conflict—especially when expectations don’t align with legal outcomes.
Probate Timeline in Florida
Probate in Florida can take anywhere from 6 months to 2 years, depending on the estate’s complexity, court backlog, and whether there are any disputes. A simplified timeline includes:
Months 1–3: Petitioning the court, appointing a personal representative, and notifying creditors.
Months 4–9: Inventorying and appraising assets, resolving claims, selling property if needed.
Months 10–18+: Final accounting, distributing assets, and closing the estate.
Common Misunderstandings
“Probate is always expensive and drawn out.” Not always. Florida offers simplified procedures for those who plan, such as with a will or trust.
“I don’t need a lawyer for probate.” While legal representation isn’t required in every probate case (such as some summary administrations) it is mandatory for formal administration in Florida. Even when not required, having an experienced probate attorney can help avoid costly mistakes, reduce delays, and ensure everything is handled correctly from start to finish.
“Probate is all about money.” Probate is about honoring people, those who passed and those left behind.
Use the Probate Calculator
Want a realistic view of what probate might look like for your family? Try our Probate Calculator to estimate potential costs and timelines in Florida.
Let’s Talk Strategy
The best way to handle probate is to plan ahead. A comprehensive estate plan can reduce what goes through probate, such as with a revocable trust and beneficiary designations.
Book a complimentary consultation with our team today online or by calling (904) 329-7242. Because probate may be about property—but at its core, it’s always about people.