Middleton & MiddletonCounsellors at Law · Est. 1923

Practice area

Probate

When someone dies, their property has to be gathered, debts settled and what remains passed to the right people. Probate is the court process that does that. We guide families through it.

Probate services

  • Formal administration of estates
  • Summary administration for smaller or older estates
  • Representing personal representatives through every filing and deadline
  • Creditor claims and objections
  • Homestead determinations
  • Will contests and disputes among beneficiaries
  • Ancillary administration for out-of-state decedents who owned Florida property
  • Disposition of personal property without administration

What to expect

Florida requires a personal representative in a formal administration to be represented by an attorney in nearly every case. We open the estate, publish and serve the notices the law requires, deal with creditors, prepare the accountings and distribute the estate, keeping you informed at each step.

Smaller estates, and estates where the person died more than two years ago, often qualify for summary administration, which is faster and less expensive.

Common questions

Does every estate go through probate?

No. Assets held in a trust, jointly owned with survivorship, or with a named beneficiary (life insurance, retirement accounts, pay-on-death accounts) pass outside probate. Property titled only in the decedent's name usually requires it.

How long does probate take?

Summary administration can be finished in a few months. Formal administration usually takes six months to a year, longer if there is a dispute or property to sell.

The will is in a safe deposit box or a drawer. What do I do with it?

Florida law requires the original will to be deposited with the clerk of court in the county where the decedent lived within ten days of learning of the death. Bring it to us and we will take care of it.

This page is general information about Florida law, not legal advice about your situation. Deadlines and procedures vary and change; talk to an attorney about yours.

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