After a loss, families often find themselves handling many details. These include everything from funeral arrangements to managing finances and property. One of the most important legal responsibilities is probate, the process of administering an estate under court supervision. A probate lawyer plays a vital role in this process.
This article explains what a probate lawyer does, when you might need one, and how the right legal guidance can bring peace of mind during a difficult time.
What Is Probate?
Probate is the legal process of proving a will’s validity, paying debts and taxes, and distributing the remaining assets to heirs or beneficiaries. In Florida, probate applies to assets that were owned solely by the decedent and do not transfer automatically through joint ownership or beneficiary designations.
If a valid will exists, the person named as personal representative (also called an executor) is responsible for carrying out the decedent’s wishes. When there is no will, the court appoints someone to manage the estate according to Florida’s intestacy laws.
Even simple estates require attention to legal details. A probate lawyer helps families stay organized and ensures every legal step is completed correctly.
What Does a Probate Lawyer Do in Florida?
A probate lawyer supports families through each stage of estate administration. Their responsibilities often include:
- Filing the will and opening the estate: The will must be filed promptly with the local circuit court so probate proceedings can begin.
- Identifying and valuing estate assets: This includes homes, vehicles, financial accounts, and personal property. The lawyer ensures each asset is properly documented and appraised.
- Handling creditor claims and debts: The lawyer helps notify creditors, pay valid claims, and settle taxes before distributing inheritances.
- Preparing required court filings: Probate attorneys prepare and file all necessary petitions, inventories, and final accountings with the court.
- Resolving disputes among heirs: If disagreements arise, the lawyer works to mediate and resolve them before they become formal legal challenges.
- Supervising the final distribution of assets: Once debts and expenses are paid, the lawyer ensures that beneficiaries receive their inheritances in accordance with the will or state law.
For many families, this guidance brings reassurance that the estate is handled properly and that nothing important is overlooked.
When Should You Hire a Probate Lawyer?
The need for a probate lawyer often depends on the complexity of the estate and the challenges that may arise. Even when probate appears straightforward, legal support can make the process smoother and prevent costly mistakes.
When a Will Is Contested
If family members dispute the validity or interpretation of a will, a probate lawyer ensures the process follows Florida’s legal standards. The attorney helps the personal representative respond to objections, gather documentation, and resolve disputes in a way that protects everyone’s rights.
When the Estate Is Large or Complex
Larger estates can involve business interests, multiple properties, or complex tax issues. A probate lawyer helps organize and account for all assets, ensuring each one is transferred according to Florida law. This support helps prevent delays and ensures compliance with court requirements.
When the Executor Lives Out of State
Serving as a personal representative while living elsewhere can be challenging. A Florida probate lawyer can manage the local filings, court appearances, and other state-specific requirements on the executor’s behalf. This helps the process continue smoothly without the need for constant travel.
When Estate Plans Are Unclear or Outdated
If the will is ambiguous or hasn’t been updated in many years, a probate lawyer can interpret the document and determine how it applies under current law. This guidance helps avoid misunderstandings and ensures that assets are distributed fairly.
In general, hiring a probate lawyer early helps prevent complications and allows families to focus on healing rather than paperwork.
How a Probate Lawyer Protects Executors and Beneficiaries
The personal representative of an estate has a fiduciary duty to act in the best interests of the beneficiaries. Mistakes, such as missing deadlines, mismanaging assets, or failing to notify creditors, can lead to personal liability.
A probate lawyer helps protect executors and beneficiaries by:
- Ensuring that all filings and notices comply with Florida probate rules.
- Managing creditor claims so only valid debts are paid.
- Handling any required tax filings, even though Florida does not have a state estate tax.
- Distributing assets in the correct order and ensuring each beneficiary receives what they are entitled to.
- Providing guidance if disputes or questions arise among family members.
Can Probate Be Avoided?
While not all estates can bypass probate, there are legal strategies that can reduce or eliminate the need for court supervision. A Florida probate lawyer can help design or interpret these plans, which might include:
- Revocable living trusts: Assets placed in a trust can often pass directly to beneficiaries without probate. Read more in our blog, Should I Have a Revocable Living Trust in My St. Augustine Estate Plan?
- Payable-on-death (POD) or transfer-on-death accounts: Financial institutions can transfer funds directly to named beneficiaries.
- Joint ownership: Property held jointly with rights of survivorship automatically transfers to the surviving owner.
Key Takeaways
- A probate lawyer guides Florida families through the estate administration process from start to finish.
- Legal support is especially helpful in complex cases, such as contested wills or large estates.
- Executors benefit from professional guidance that helps them meet their legal duties and avoid liability.
- Some assets can bypass probate through trusts, joint ownership, and beneficiary designations.
- Compassionate legal support helps families navigate the process with confidence and peace of mind.
Connect With a Florida Probate Lawyer Today
If you’ve lost a loved one and are unsure how to begin the probate process, or if you’ve been named as an executor and need guidance, you don’t have to do it alone.
At E.P.P.G. Law of St. Johns, Attorney Heather Maltby offers compassionate and clear support for families in St. Augustine and Palm Coast. Whether your estate situation is simple or complex, our team will walk with you through every step of the process. Request a consultation today.
References: MetLife. “What Is a Probate Lawyer and When You May Want to Hire One.” (April 5, 2023) and The Mercury. “Reasons to Hire a Lawyer for Probate.” (February 8, 2022) and The Florida Bar. “Consumer Pamphlet: Probate in Florida.” (Updated 2024) and Florida Probate and Family Law Firm. “Becoming an Estate Executor in Florida.” (2024)