Understanding the Role of Legal Counsel in Florida Probate
Many people assume that if a loved one left behind a will, settling their estate will be simple. But in Florida, even when there is a valid will, probate is still required—and the process can be surprisingly complex. Whether you’re a named personal representative or a concerned family member, working with a probate lawyer often makes the process smoother, faster, and legally sound.
What Does a Will Actually Do?
A Last Will and Testament provides written instructions about how a person’s assets should be distributed after death. It can also nominate a personal representative to oversee the process and name guardians for minor children. However, a will does not automatically transfer property—it must go through probate before assets can legally be distributed.
That’s where many people run into confusion. Having a will does not avoid probate—it simply directs how the probate process should be carried out.
When Is a Probate Lawyer Needed?
In Florida, you are generally required to have a licensed attorney assist with formal probate administration unless:
- The estate qualifies for summary administration (typically under $75,000 in value)
- You are the sole beneficiary and also the personal representative
Even in these rare exceptions, legal guidance is highly recommended to avoid missteps, especially when assets involve real estate, creditors, or multiple heirs.
What Can a Probate Attorney Help With?
Probate lawyers provide support with:
- Filing the will and opening the probate case
- Petitioning the court for personal representative appointment
- Notifying beneficiaries and creditors
- Resolving creditor claims and tax matters
- Managing and distributing estate assets properly
- Avoiding disputes and litigation among heirs
The probate attorney ensures compliance with Florida law at every step, helping to protect the personal representative from liability and avoid costly delays or errors.
How Long Does Probate Take?
With a valid will and no complications, probate in Florida usually takes 6–12 months. But issues such as contested wills, asset disputes, or creditor claims can extend the timeline significantly. An experienced probate lawyer helps anticipate and address these challenges early on.
We’re Here to Help You Navigate Probate with Confidence
If your loved one left behind a will and you’re unsure what to do next, Yelen Yelen & Simon, P.A. can help. Our firm has over five decades of experience guiding Florida families through probate with compassion and efficiency. Call (305) 445-3721 or reach out through our website at https://www.yelen-yelen.com/contact/ to schedule a consultation.