When Is Probate Required in Florida?

One of the most common questions clients ask is: “Do we really have to go through probate?”

In Florida, probate is required when a person passes away owning assets that are titled solely in their name and do not have a designated beneficiary or co-owner. For example, if the deceased owned real estate, bank accounts, or vehicles in their own name without a joint owner or “payable-on-death” designation, those assets cannot legally be transferred to heirs without court involvement.

Probate provides a structured legal process to ensure that the decedent’s debts are paid, taxes are settled, and assets are distributed fairly. It also protects heirs from potential disputes by having a Florida court oversee the entire process.

On the other hand, if all of a person’s assets were owned jointly or had named beneficiaries (such as life insurance policies, retirement accounts, or living trusts), then probate may not be necessary. However, even in those cases, certain steps—like transferring real estate titles or closing financial accounts—can still benefit from legal guidance.

The Two Types of Probate in Florida

Florida law provides two primary forms of probate administration:

1. Summary Administration – This is a simplified version of probate used when the estate is valued under $75,000 or when the person has been deceased for more than two years. It is typically faster and less expensive.
2. Formal Administration – This is the full probate process, required for larger or more complex estates. It involves appointing a personal representative (executor), notifying creditors, and following detailed legal procedures before assets can be distributed.

A knowledgeable Florida probate attorney can evaluate your situation and determine which type of probate is appropriate for your loved one’s estate.

Why You Should Not Handle Probate Alone

Probate law in Florida is full of technical requirements and strict deadlines. Failing to file documents correctly or missing important notices can delay the process or expose you to liability. That’s why hiring an experienced probate lawyer is one of the best decisions you can make. At Jurado & Associates, P.A., we handle every step of the process for you — from opening the estate in court to distributing assets and closing the estate properly. We provide compassionate, efficient, and results-driven legal support for families during one of life’s most challenging times.

If you’re unsure whether probate is required in Florida, we can help. Contact Jurado & Associates, P.A. today to speak with an experienced Florida probate attorney who will review your situation and guide you every step of the way.

📞 Call us at (305) 921-0976
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Let us take care of the legal complexities so you can focus on what truly matters — your family.