Probate and Estate Administration Attorney in Florida
Guiding Florida families through probate and estate administration with clarity and compassion. Serving Daytona Beach, Lake Mary, and Bradenton. Free consultation.
Losing a loved one is hard enough. Then come the practical questions: What happens to the house? Who pays the bills? How do bank accounts get transferred? If you have been named personal representative of an estate, or you are a family member trying to understand what comes next, the Florida probate process can feel overwhelming at exactly the moment you have the least energy for it.
At the Huggins Law Firm, PLLC, we guide personal representatives, beneficiaries, and families across Daytona Beach, Lake Mary, and Bradenton through probate and estate administration with clarity and compassion. Attorney Philésha Huggins handles the legal requirements, the paperwork, and the court filings so you can focus on your family and your own healing.
Whether the estate is straightforward or complicated by disputes, creditors, or out-of-state property, our firm provides steady, knowledgeable guidance from the first filing to the final distribution.
What Is Probate?
Probate is the court-supervised process of settling a deceased person’s estate: proving the will (if there is one), appointing a personal representative, identifying and valuing assets, paying valid debts and taxes, and distributing what remains to the rightful beneficiaries. In Florida, probate is governed by the Florida Probate Code and handled in the circuit court of the county where the decedent lived.
Florida offers different forms of probate depending on the size and circumstances of the estate. Formal administration is the standard process for most estates. Summary administration is a simplified process available for smaller estates or when the decedent has been deceased for more than two years. Knowing which path applies, and how to navigate it efficiently, is one of the most valuable things an experienced probate attorney provides.
The Duties of a Personal Representative
Serving as a personal representative, sometimes called an executor, is an honor, but it is also a legal responsibility with real consequences. Florida law imposes fiduciary duties on personal representatives, meaning you must act in the best interests of the estate and its beneficiaries at all times. Your responsibilities typically include:
- Filing the will and opening the estate with the probate court
- Notifying beneficiaries and known creditors
- Publishing a notice to creditors
- Identifying, gathering, and safeguarding estate assets
- Preparing an inventory and accountings for the court
- Paying valid debts, expenses, and taxes
- Distributing assets to beneficiaries and closing the estate
Mistakes in any of these steps can expose a personal representative to personal liability. That is why Florida courts generally require personal representatives in formal administration to be represented by an attorney. We make sure every duty is performed correctly and on time.
Serving as personal representative? You do not have to do it alone.
We guide executors and families through every step of Florida probate. Get answers in a free consultation.
How Long Does Probate Take in Florida?
Timelines vary with the size and complexity of the estate. A summary administration may conclude in a matter of weeks to a few months. A formal administration typically takes six months to a year, and estates involving disputes, hard-to-value assets, or creditor complications can take longer.
Much of the timeline is driven by statutory waiting periods, such as the creditor claim period, that no attorney can shorten. What we can do is prevent the avoidable delays: incomplete filings, missed deadlines, and errors that force the court to send work back. Efficient, correct administration is the fastest administration.
When Probate Disputes Arise
Grief and money are a combustible mix, and even close families can find themselves in conflict after a death. Our firm represents personal representatives and beneficiaries in probate disputes, including will contests based on undue influence or lack of capacity, disagreements over the conduct of a personal representative, creditor claim disputes, and conflicts among beneficiaries.
As a litigation firm at heart, we are fully prepared to protect your interests in court when necessary. But we also understand that most families would rather preserve relationships than win battles, so we always look for resolutions that end disputes without destroying what is left of the family.
Why Families Trust the Huggins Law Firm, PLLC
Probate is where estate plans meet reality, and our firm works on both sides of that line. Because we prepare wills and trusts as well as administer them, we know exactly what the court requires and where estates go wrong. Because we deliberately limit our caseload, your calls are answered by the attorney who actually knows your file.
Most of all, we never forget that behind every estate is a family that has lost someone. We handle the legal work with precision, and we handle you with care.
Frequently asked questions
No. Assets held in a properly funded living trust, assets with valid beneficiary designations such as life insurance and retirement accounts, and jointly owned property with rights of survivorship generally pass outside probate. Probate is required for assets titled solely in the decedent’s name without a beneficiary designation.
In most formal administrations, yes. Florida Probate Rule 5.030 requires personal representatives to be represented by an attorney unless the representative is the sole interested person. Even where representation is not strictly required, the fiduciary duties involved make experienced guidance extremely valuable.
Costs include court filing fees, publication costs, and attorney’s fees, which in Florida are often based on the size of the estate or agreed upon in advance. We explain all anticipated costs clearly at the outset so the family knows what to expect.
The estate still goes through probate, but Florida’s intestacy laws determine who inherits. The court appoints a personal representative according to statutory priority, usually the surviving spouse or a majority of heirs. We regularly guide families through intestate administrations.
Often, yes, with advance planning. Revocable living trusts, beneficiary designations, and proper titling of assets can allow an estate to pass without court involvement. If avoiding probate for your own estate matters to you, ask us about estate planning during your consultation.
Related practice areas
Explore more of the ways we can help, or head back to the estate planning overview.
Contact the Huggins Law Firm, PLLC, for Probate Guidance
If you are facing the probate process after the loss of a loved one, let us carry the legal burden for you. Contact the Huggins Law Firm, PLLC, serving Daytona Beach, Lake Mary, and Bradenton, to schedule your free consultation. Call (844) 484-4467 or send us a message today.