What Are Some Common Florida Probate Law Questions?


Quick Answer

Common Florida probate law questions include asking if a person needs a lawyer for Florida probate, if all Florida estates have to go through "full" probate, and how to determine when it is too late to start probate, explains the McDonald, Fleming and Moorehead law firm. Other questions include whether there is a need to personally appear in Florida for the probate process.

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Full Answer

The states of Florida law requires the assistance of a lawyer for probate in most cases, according to McDonald, Fleming and Moorehead. Florida has a complex system, and court staff cannot provide legal assistance.

Regarding the question of estates needing to go through full probate, some smaller estates without real property may qualify to go through summary administration, or disposition without administration, notes McDonald, Fleming and Moorehead. This does not require an attorney, but the process can be complicated without one. There is unlimited value under Florida's homestead law, but not unlimited acreage, so some estates that have expensive homestead property, but not much else in the way of assets, may qualify for summary administration.

Florida law has no deadline to open a probate, states McDonald, Fleming and Moorehead. Family members should stay current on property taxes so that no tax deeds are granted. Regarding a personal appearance for probate, unless a dispute hearing is required, people don't need to personally appear for probate proceedings.

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