Handling Florida probate process without legal assistance is possible, but it’s not advisable. The probate process can be complex, especially if you are unfamiliar with the legal requirements and language. However, if you are the sole beneficiary, you may want to consider handling it yourself to save on attorney fees.
This guide will walk you through the essential documents and steps required to obtain an estate grant in Florida without a lawyer.
What Is Probate and When Is It Required?
Probate is the legal process of administering a deceased person’s estate, including distributing assets and settling debts. Even if there is a valid will, assets held solely in the decedent’s name typically require probate unless a beneficiary is designated.
In Florida, there are two main types of probate administration:
- Formal Administration – Required for estates valued over $75,000 or when the deceased passed away within the last two years.
- Summary Administration – A simplified process available for estates valued under $75,000 or when the deceased has been dead for more than two years.
Understanding which type of probate applies to your case is crucial before proceeding.
Essential Documents for Florida Probate
To initiate probate in Florida, you must submit several key documents. Below is a checklist of what you will need:
1. The Original Will and Photocopies
The original, signed will is required, along with at least two photocopies. Do not remove staples from the original document, as this may raise concerns about potential alterations.
2. Certified Death Certificate
A certified copy of the deceased person’s death certificate is required to prove their passing and begin probate proceedings.
3. Petition for administration
This document opens the probate procedure and will be notified to all beneficiaries and when applicable, to all creditors.
4. Affidavitof heirs
This form lists all the heirs of the decedent and how they are related to him/her, their respective contact information.
5. Inventory
One of the most detailed forms will list all the assets and debts of the estate and is notified to all heirs and beneficiaries.
How to File for Probate in Florida
- Prepare All Required Documents – Organize all necessary forms, affidavits, and financial statements before filing.
- Make Copies of Everything – Courts require multiple copies of each document. Sign in blue ink to distinguish originals from photocopies.
- Submit Documents to the Court Registry – Deliver your application and pay the filing fee.
- Await Probate Review – The court will review your application against a detailed checklist. Be careful, this checklist will vary from county to another, and even sometimes from one judge to another within the same county! Initial submissions often receive deficiency notices.
- Rectify Any Deficiencies – If your application is returned with corrections needed, promptly make the adjustments and resubmit.
- Pay Probate Fees – Once the court approves the application, you will be notified of additional probate fees required to finalize the process.
- Receive the Letters of administration – Once everything is complete, the probate court will issue the letters of administration, allowing you to either collect the assets, pay the debts, and then only proceed with the distribution.
Challenges When Handling Probate Alone
While obtaining probate without a lawyer can save legal fees, it comes with risks. Here are some common challenges:
- Difference of requirements between county – Every county has its own probate checklist and rules which are not always available online.
- Complexity of Forms – Even small errors can lead to delays or rejection.
- Lengthy Court Review Process – Probate applications can take months to be reviewed.
- Legal Terminology – Understanding probate law and legal language can be difficult for non-lawyers.
- Potential Disputes – If multiple heirs or creditors are involved, disputes can arise that may require legal intervention.
Should You Hire a Probate Lawyer?
If the estate is simple and you are the sole beneficiary, handling probate alone may be feasible. However, in cases involving multiple heirs, significant assets, or legal disputes, hiring a probate lawyer is strongly recommended.
A skilled probate attorney can:
Ensure all documents are completed correctly.
Expedite the probate process by reducing errors.
Provide legal guidance on asset distribution and creditor claims.
Represent you in court if disputes arise.
At Boyer Law Firm, we specialize in probate cases in Florida, including international probates, offering expert legal guidance to make the process as smooth as possible, wherever the heirs and beneficiaries may be located.
Get Professional Probate Assistance Today
If you need help navigating Florida’s probate process, our experienced attorneys at Boyer Law Firm are ready to assist you. Contact us at one of our Florida offices:
Jacksonville: +1 (904) 236-5317
Orlando: +1 (407) 574-2573
Miami: +1 (305) 921-9665
Call us today and let us help you through this complex legal process.
