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Probate In Florida Is Easier Than In Many States

James W. Martin

It’s true that probate in Florida is easier than in many states. We have a modern, stream-lined probate law that allows probate from start to finish in 4 months. Of course, this assumes you know what to do and there are no complications.

The probate law in Florida is partly in the statutes (substantive) and partly in the rules (procedural). You have to know both for a successful, timely probate process. The whole concept of probate in Florida is to find out what the decedent owned, find out who are the creditors and beneficiaries, pay the creditors first, and transfer what’s left to the beneficiaries.

That’s easy to say, but you need to know the statutes and rules to do it right. Because creditors have 2 years to make a claim so if you don’t do it right, you could end up paying them from your own funds.

That’s why it’s always best for a Florida probate lawyer to advise the person named as personal representative (executor) in the deceased’s will. Even if there’s no probate. Many people think that the will is all they need. The truth is that the will must be admitted to probate by the court before you can act on it. That’s just one of the statutory and rule requirements for probate in Florida. A probate lawyer in Florida can help you with the rest.

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