When a loved one passes away, the last thing you want to worry about is navigating the complex legal process that follows. At McNary Law, our Bradenton and Sarasota probate attorneys provide compassionate, efficient guidance to help you settle the estate with confidence and clarity. Whether you’re handling a simple estate or facing a contested will, we walk beside you through every step—minimizing delays, resolving disputes, and ensuring that your loved one’s wishes are carried out.
What Is Probate?
Probate is the legal process used to administer a person’s estate after death. It involves identifying and gathering the deceased’s assets, paying debts and taxes, and distributing remaining assets to beneficiaries. In Florida, the process can vary depending on the size of the estate and whether there is a valid will.
Types of Probate in Florida
Florida offers three main types of probate administration, each with different requirements:
1. Formal Administration
Formal administration is the most common and comprehensive form of probate. It’s required when the estate’s value exceeds $75,000 (excluding exempt assets), or when the decedent has been dead for less than two years.
This process includes:
Filing a petition with the probate court
Appointing a personal representative (executor)
Notifying creditors
Inventorying and appraising assets
Paying debts and taxes
Distributing remaining assets to heirs or beneficiaries
Our attorneys will help you meet every legal requirement, prepare court filings, and keep the process moving forward.
2. Summary Administration
Summary administration is a simplified probate option available when:
The estate value is $75,000 or less, or
The decedent has been deceased for more than two years
This quicker and less costly route does not require a personal representative, but still involves court petitions and public notices. Our Sarasota and Bradenton probate attorneys can determine your eligibility and ensure you avoid common mistakes.
3. Disposition Without Administration
In rare cases where the estate consists only of exempt personal property and the cost of final expenses exceeds the value of other assets, you may qualify for this ultra-simple option. We’ll help determine if your situation fits the criteria.
What Does a Probate Attorney Do?
A probate attorney helps you navigate the legal process of settling an estate in Florida. At McNary Law, our probate services include:
Interpreting and validating wills
Filing petitions and legal documents
Advising executors and personal representatives
Resolving disputes among beneficiaries
Addressing creditor claims
Coordinating with accountants or financial institutions
Distributing assets and closing the estate
Whether you’re named in a will or stepping in unexpectedly, we ensure you’re protected and the process stays on track.
Common Probate Questions
How long does probate take in Florida?
Formal administration typically lasts 6–12 months but can take longer if disputes arise. Summary administration can be completed in just a few weeks. Timelines vary based on the estate’s complexity and whether litigation is involved.
Do all estates go through probate?
No. Assets held in joint tenancy, payable-on-death accounts, or living trusts usually avoid probate. We can help you evaluate what’s included and what’s exempt.
What if there is no will?
Florida’s intestate laws govern the distribution of assets when someone dies without a will. This can lead to unintended outcomes. Our probate attorneys help ensure heirs are properly identified and notified.
Contested Wills and Probate Litigation
Sometimes, beneficiaries or family members challenge a will’s validity or how assets are being managed. These situations can quickly become emotionally and legally complex.
McNary Law has experience in resolving:
Will contests based on undue influence or incapacity
Breach of fiduciary duty claims against executors
Allegations of fraud or mismanagement
Heirship disputes
Our litigation team combines strategic advocacy with the compassionate support families need during high-stress situations.
Avoiding Probate with Proper Planning
One of the best ways to spare your loved ones the stress of probate is through proactive estate planning. Our estate planning attorneys can help you create:
Living trusts
Transfer-on-death deeds
Beneficiary designations
Joint ownership structures
These tools allow assets to pass directly to heirs without court involvement.
We Also Handle Trust Administration
In addition to probate, McNary Law assists trustees in properly administering trusts after a loved one’s passing. Our team helps:
Review trust terms
Prepare required notices
Transfer property titles
File taxes
Handle final distributions
Whether you’re the trustee of a family trust or a complex irrevocable trust, we’re here to guide you.
Why Choose McNary Law?
At McNary Law, we approach every probate matter with care, precision, and a deep respect for the family dynamic. With offices in Bradenton and service across Sarasota County, we provide local expertise with a personal touch.
Our core values—honesty, integrity, accountability, and compassionate problem-solving—guide every interaction. We believe in empowering our clients through education, open communication, and clear legal strategies.
In addition to probate, we can help with related legal matters including:
Estate Planning – Wills, trusts, and advance directives
Family Law – Divorce, child custody, and alimony
Mediation – Resolving disputes efficiently and respectfully
Injunctions – Protective orders and legal safeguards
Let Us Help You Move Forward
Losing a loved one is never easy—but you don’t have to face probate alone. Our attorneys are here to simplify the process, protect your interests, and give you peace of mind.
Click here to send us a message or call us today at 941-345-1662 to schedule a consultation.
