Florida Probate Attorney for Estate Administration
Losing a loved one is difficult. Probate can be difficult to navigate alone due to complex court filings, property ownership questions, creditor procedures and legal responsibilities that are hard to navigate alone. Tiffany Oliver, Esq. provides direct and clear guidance for opening and administering Florida estates, including Summary Administration, Formal Administration, Ancillary Probate (for out-of-state matters) and probate matters involving real estate.
What Is Florida Probate?
Probate is the legal process used to administer a deceased person’s estate. This entails transferring ownership of their property and financial assets to their legal heirs or beneficiaries, resolving their debt, and appointing a representative of the deceased’s estate to file lawsuits on behalf of the deceased person.
Florida law establishes formal administration and summary administration as two types of probate administration, with a separate limited procedure called disposition without administration.
The right path depends on the estate, the assets, the will, the date of death and other case-specific facts.
Summary Administration
Summary Administration is a streamlined Florida probate procedure that may be available when the estate meets statutory requirements. Under current 2026 law, the value test in Fla. Stat. §735.201 is $150,000 after exempt property, or the decedent has been dead for more than two years, subject to the will and other requirements.
Depending on your situation, the best type of administration may still be formal administration.
Formal Administration
Formal Administration is the more common estate administration process, used when summary administration is unavailable or not appropriate. A personal representative is appointed to administer estate assets and carry out the required probate steps under Florida law.
Personal Representative Representation
Florida probate law requires a personal representative to be represented by an attorney admitted to practice in Florida, subject to limited exceptions. Tiffany can review the estate and explain what representation is required for the specific proceeding.
Ancillary Probate Administration
If the now-deceased person was domiciled outside of Florida but died leaving Florida assets, an ancillary probate proceeding may be needed to take place in a Florida court. Florida law provides a specific framework for ancillary administration and foreign personal representatives
Out-of-State Clients and Personal Representatives
You do not have to live in Florida to get legal guidance for a Florida estate. Tiffany works with clients through phone and video communication.
Probate Real Estate & Homestead
Florida real estate is often subject to Florida homestead, which protects spouses and minor children. Homestead can create a separate set of questions within the probate process.
Questions such as, who has the right to possess the property? Does the deceased person’s Will dictate who possesses the primary residence next, or Florida law? Does the property qualify as a protected homestead? All of these questions speak towards how Florida’s Homestead Law can affect how a deceased person’s property is handled after their passing.
Tiffany can help identify the best probate path for you, and recommend next steps for the estate.
Florida Probate Process Overview
1) Attorney reviews any existing estate planning documents (Will, Trust, etc.) assets, family structure, existing debts, and assets that need to be administered.
2) Identify the appropriate probate procedure.
3) File the court papers and obtain authority where required.
4) Address estate assets, required creditor procedures and administration tasks.
5) Complete distributions and closing steps when the estate is ready.
The exact steps vary by estate.
Frequently Asked Questions About Florida Probate
Summary or Formal Administration?
The correct procedure depends on the estate’s value and composition, the date of death, the will and other facts. Summary Administration may be available when current statutory requirements are met; Formal Administration may be appropriate when a full personal-representative administration is needed. Tiffany should review the estate before you rely on a single threshold.
Can an out-of-state person serve as personal representative?
Sometimes. Florida allows qualifying nonresidents to serve in certain family relationships listed by statute. Whether a particular person qualifies depends on the relationship to the decedent and the other qualification rules.
What if the person lived outside Florida but owned property here?
Florida may require an ancillary probate proceeding when a nonresident dies leaving assets in this state. The procedure depends on the Florida property, the domiciliary estate and who is qualified to act in Florida.
Can Florida probate be handled remotely?
Mainly, yes. Tiffany Law works with clients through phone and video consultations, which can make it easier to manage attorney communication from anywhere in Florida or from another state. Court, signing and case-specific requirements can vary, so Tiffany can explain what will be needed for the particular estate.
How long does Florida probate take?
There is no single timeline for every Florida probate. The procedure used, estate assets, creditor requirements, court activity, property issues and case-specific complications can all affect timing. Tiffany can explain the likely steps for the estate after reviewing the facts, but no exact completion date should be promised.
How is Florida homestead treated in probate?
Florida homestead is subject to special constitutional and statutory rules, and it is not handled like ordinary estate property. The answer can depend on how the title is held, whether the deceased has a surviving spouse or minor child, the existence of waivers, in addition to other facts. A probate review should determine the property’s status before the estate acts on it.
Florida Probate Resources
Learn more about common Florida probate, inheritance and estate-administration questions through Tiffany Law’s Florida probate articles.
Ready to Discuss a Florida Estate?
Speak directly with Tiffany Oliver, Esq. about opening or administering a Florida estate and understanding which probate procedure may apply to your circumstances.
Schedule your free 30-minute consultation to discuss your Florida probate matter and potential next steps.
