Probate Law
Guiding Families Through the Probate Process in Tampa and Beyond
Managing Legal Complexities While Protecting Your Family's Interests.
The loss of a loved one is never easy, and dealing with Florida’s probate process can feel overwhelming. At Drummond Wehle Yonge LLP, our probate attorneys provide clear, efficient legal guidance to help families settle estates with minimal stress. Whether you need formal probate administration, summary administration, or assistance with estate disputes, we’re here to make the process as smooth as possible.
Florida law requires
most estates to go through probate, but the
type of probate process depends on the estate’s size and complexity. Our attorneys help determine the best path forward, ensuring compliance with Florida law while working to
streamline the process.
Our Probate Services
Formal Administration
Formal probate administration is required for estates valued over $75,000 or those with significant debts. This process involves:
- Filing probate documents with the court
- Notifying heirs, creditors, and other interested parties
- Appointing a personal representative (executor)
- Managing asset distribution and finalizing the estate
Our attorneys guide you through each step, ensuring deadlines are met and disputes are avoided.
Summary Administration
For estates valued under $75,000 or where the decedent has been deceased for more than two years, summary administration offers a faster, less expensive alternative to formal probate. Benefits of summary administration:
- No need to appoint a personal representative
- Shorter time frame than formal probate
- Lower court costs and attorney fees
We evaluate whether an estate qualifies and handle the legal process efficiently.
Small Estate Probate & Affidavits
Certain assets may be transferred outside of probate through a small estate affidavit or other legal tools. This can be beneficial for:
- Bank accounts with designated beneficiaries
- Jointly owned property
- Life insurance and retirement accounts
If you need help
claiming assets without probate, we can determine if you qualify for simplified options.
Personal Representative Guidance
A personal representative (executor) is responsible for administering the estate, ensuring assets are distributed correctly, and handling any debts or taxes. This role can be legally and financially complex. Our firm helps to:
- Understand their responsibilities under Florida law
- Navigate court filings, asset management, and distributions
- Minimize liability risks associated with probate administration
Probate Litigation & Disputes
Unfortunately, probate can sometimes lead to family disputes or legal challenges. Our firm represents clients in will contests, inheritance disputes, and fiduciary claims, ensuring that your loved one's wishes are upheld. Common probate disputes include:
- Contested wills and alleged undue influence
- Breach of fiduciary duty claims
- Disputes over asset distribution
What is probate, and when is it required in Florida?
Probate is the legal process of settling a deceased person’s estate, including paying debts, distributing assets, and following the terms of a will (if one exists).
In Florida, probate is typically required when:
- The deceased person owned assets in their name alone (without a beneficiary designation).
- The estate is not eligible for summary administration or other simplified processes.
- If you’re unsure whether probate is required, our attorneys can assess your situation and guide you through the best course of action.
How long does the probate process take?
The length of probate depends on the complexity of the estate:
- Summary Administration: Can take 4 to 6 weeks if all documents are in order.
- Formal Administration: Usually takes 6 to 12 months, though more complex cases can take longer.
- Factors that affect timing include court processing times, creditor claims, and potential disputes among heirs. Our goal is to streamline the process whenever possible.
What assets go through probate in Florida?
Only certain assets are required to go through probate, including:
- Bank accounts without a payable-on-death (POD) beneficiary
- Real estate titled solely in the deceased person’s name
- Personal property (cars, jewelry, art, etc.) without a designated beneficiary
What is the difference between formal administration and summary administration?
The main difference is the size and complexity of the estate.
- Formal Administration: Required for estates over $75,000 or estates with debts. This process involves court supervision and typically takes 6 to 12 months.
- Summary Administration: A simplified probate process available if the estate is valued under $75,000 OR if the decedent has been deceased for more than two years. This process is faster and less expensive than formal administration.
We can help determine which process is appropriate for your case and guide you through the necessary steps.
Frequently Asked Questions About Probate in Florida
Navigating the probate process can be confusing, especially during a difficult time. Here are answers to some of the most common questions we receive about probate in Florida.
Why Choose Drummond Wehle Yonge LLP for Probate Matters?
- Florida Probate Law Experience – We have extensive experience handling formal and summary administration cases throughout Florida.
- Efficient & Cost-Conscious Representation – We work to streamline the probate process and help avoid unnecessary delays and expenses.
- Compassionate, Client-Focused Approach – We understand that probate is a personal process, and we provide supportive, responsive legal guidance.
- Comprehensive Estate & Tax Knowledge – Our background in estate planning and tax law ensures that estates are settled in the most tax-efficient manner possible.
