Probate

What Is Probate?

Probate is the court-supervised process of settling an estate. It typically includes:

• Validating a will (if one exists).

• Appointing a personal representative (sometimes called an executor).

• Identifying and gathering assets.

• Paying debts, expenses, and taxes.

• Distributing assets to heirs or beneficiaries.

In Florida, probate can vary depending on the size of the estate, the type of assets involved, and whether disputes arise.

Types of Probate in Florida

Florida recognizes different forms of probate:

Formal Administration

The most common type of probate, required when the estate’s value exceeds $75,000 or the decedent passed away less than two years ago. This process involves full court oversight, creditor notification, and appointment of a personal representative.

Summary Administration

A faster option available if the estate is valued at $75,000 or less, or if the person has been deceased for more than two years. Summary administration can help families resolve matters more quickly and at a lower cost.

Disposition Without Administration

For very small estates consisting only of exempt property or reimbursement for final expenses, Florida allows distribution without full probate proceedings.

When Is Probate Necessary?

Not every asset requires probate. Certain types of property pass outside the probate process, including:

• Assets held in a trust

• Jointly owned property with rights of survivorship

• Accounts with payable-on-death (POD) or transfer-on-death (TOD) designations

• Life insurance policies or retirement accounts with named beneficiaries

Probate is usually necessary for solely owned assets without beneficiary designations, such as real estate, personal property, or bank accounts.

Common Challenges in Probate

While probate can be straightforward, complications sometimes arise, including:

• Will contests over validity, capacity, or undue influence

• Disputes among heirs or beneficiaries

• Creditor claims against the estate

• Difficulties valuing or selling property

• Complex estates with businesses, out-of-state property, or significant tax implications

Our attorneys are experienced in handling both routine and complex probate matters, guiding families through disputes and ensuring estates are managed efficiently.

Probate and Intestate Estates

If a loved one dies without a will, Florida’s intestacy laws determine how property is distributed. Typically, assets pass first to a surviving spouse and then to children, parents, or siblings depending on family circumstances. Our team helps families navigate this process and ensures heirs receive their lawful share.

Why Work With a Probate Attorney?

Navigating probate on your own can be confusing and time-consuming. An experienced probate attorney helps by:

• Filing necessary court documents

• Representing the personal representative

• Communicating with creditors and beneficiaries

• Handling disputes and litigation if needed

• Ensuring compliance with Florida probate laws

At McNary Law, we combine legal knowledge with compassion, easing the stress of probate so families can focus on healing.

Serving Families in Bradenton and Sarasota

Whether your loved one’s estate is simple or complex, our firm is here to help. Many probate matters can be handled remotely, saving you time and travel while keeping the process moving forward.

Speak With a Probate Attorney Today

If you’ve lost a loved one and are unsure where to begin, our attorneys are ready to guide you. We’ll help you understand the probate process, protect your interests, and honor your loved one’s wishes.