Losing a loved one is hard enough. Navigating Florida's probate process on top of grief — alone, without guidance — can feel impossible. A knowledgeable probate attorney does more than file paperwork; they protect you, your family, and the estate from costly mistakes.
Do I need a lawyer for probate in Florida?
Technically, Florida does not require an attorney for every probate proceeding — but in practice, formal administration almost always requires one. Under Florida law, a personal representative who is not an attorney must be represented by a Florida-licensed attorney to open and administer a formal probate estate. Summary Administration can sometimes be handled without legal counsel, but even there, the paperwork is technical enough that mistakes are common.
Beyond the legal requirement, there is a practical reality: probate involves court deadlines, creditor notices, asset inventories, tax filings, and beneficiary communications — all happening simultaneously. One missed step can expose the personal representative to personal liability.
What does a probate attorney actually do for you?
- Filing the petition and opening the estate — We prepare and file all initial documents with the county court to formally begin probate.
- Notifying heirs, beneficiaries, and creditors — Florida law requires proper notice. We handle publication, certified mail, and the 10-day notification rule for newly appointed personal representatives.
- Inventorying and appraising assets — We help identify every probate asset, coordinate appraisals, and establish fair market values.
- Handling debts and taxes — We review creditor claims, advise on which debts to pay and in what order, and coordinate with accountants on any required tax returns.
- Resolving disputes — When family members disagree, we mediate or litigate as needed.
- Distributing assets and closing the estate — We prepare final accountings, obtain releases, and handle the legal transfer of assets to beneficiaries.
How long does probate take in Florida?
Most Florida probate cases take 6 to 12 months from opening to final distribution. The biggest variables are estate complexity, whether creditors file claims, whether there is real estate to sell, and whether any beneficiaries contest the proceedings. Contested probate cases can stretch to two years or more.
Local knowledge matters here. An attorney who regularly practices before Alachua County's probate judges understands scheduling norms, preferred formats for filings, and how to move a case forward efficiently.
How do Florida probate attorneys charge their fees?
Florida sets a statutory fee schedule for probate attorneys — the same percentage scale used for personal representative compensation (3% of the first $1 million, 2.5% on the next $4 million, and so on). Attorneys may also charge hourly or flat fees if both parties agree in writing. Ask about fee structure during your initial consultation — a trustworthy attorney will be transparent upfront.
What should I look for when choosing a probate attorney in Florida?
- Florida-specific experience — Probate law varies significantly by state. Look for someone whose practice focuses on Florida estates and trust administration.
- Local court familiarity — An attorney who regularly appears in your county's probate court knows the judges, the clerks, and the unwritten local rules.
- Clear communication — You should never feel confused about what is happening with your case.
- Transparent fees — Ask for a written fee agreement before work begins.
- Verified reviews — Check Avvo, Google, and the Florida Bar's attorney directory for disciplinary history and client feedback.
At Lauren Richardson Law in Gainesville, we have guided Florida families through probate for over 30 years. We offer a free 15-minute phone consultation so you can get your questions answered before committing to anything.