Losing a loved one is hard enough without also facing a confusing court process to settle their affairs. Probate, the court supervised process of gathering a decedent's assets, paying debts, and distributing what's left to beneficiaries, can take weeks or drag on for over a year depending on the estate. Seidlich Law guides Florida families across Hillsborough, Orange, Bay, Marion, Volusia, and Pinellas counties through probate, and helps others put an estate plan in place before it's ever needed.
Seidlich Law offers comprehensive probate and estate planning representation across Florida, with a strategic, results focused approach, clear communication and personalized guidance, and experience handling both simple and complex estates.
A personal representative has real legal duties, and real personal liability if they're handled incorrectly. Clear communication and personalized guidance help make sure notices, deadlines, and distributions are handled correctly the first time.
Florida probate is governed by the Florida Probate Code, and administration itself is governed by Chapter 733 and Chapter 735 of the Florida Statutes, along with the Florida Probate Rules.
Effective July 1, 2026, CS/HB 1337 significantly expanded access to the simpler summary administration process, raising the estate value threshold from $75,000 to $150,000, and raising the small estate disposition without administration threshold from $10,000 to $20,000. See the official Senate bill summary. This means many more estates now qualify for a faster, less expensive path through probate.
When someone dies without a valid will, Florida's intestate succession laws determine who inherits and in what shares.
Required for most larger estates under Chapter 733. A personal representative is appointed and issued Letters of Administration, a Notice to Creditors is published, and creditors generally have 3 months to file claims.
Available under Chapter 735, Part I when the non exempt estate is worth $150,000 or less, or the decedent has been deceased more than 2 years. No personal representative is appointed. The court enters an order distributing assets directly. Homestead property is generally excluded from the $150,000 calculation.
For very small estates (limited to unpaid final expenses, up to $20,000), some assets can be released without any formal administration.
Florida probate runs on several real deadlines, not just one, and they start running immediately after a loved one passes away.
None of these deadlines wait for the family to feel ready to deal with the estate. Getting the right guidance early helps make sure none of them get missed.
Jointly owned property, payable on death accounts, and life insurance with a named beneficiary generally pass outside probate entirely.
A properly funded revocable trust can let assets pass to beneficiaries without going through probate court at all, which is often the core of proactive estate planning.
See Formal vs. Summary Administration above.
Without a will, intestate succession law, not your personal wishes, determines who inherits.
Without documents like a power of attorney or health care surrogate designation, a court may need to appoint a guardian if you become incapacitated.
Experience handling both simple and complex estates means knowing exactly which notices, deadlines, and filings the law requires, so a personal representative doesn't end up personally liable for an avoidable mistake.
A strategic, results focused approach means structuring wills, beneficiary designations, and other documents so they actually accomplish what you intend, rather than leaving gaps that land the estate back in probate court.
Do all estates have to go through probate in Florida?
No. Assets that pass outside probate (joint accounts, named beneficiaries) and small or old estates that qualify for summary administration or disposition without administration can avoid formal probate.
How long does probate take in Florida?
Summary administration is typically resolved in a matter of weeks to a couple of months. Formal administration often takes six months to a year or more, depending on the size and complexity of the estate.
What's the new $150,000 threshold I keep hearing about?
As of July 1, 2026, estates with $150,000 or less in non exempt assets qualify for Florida's faster summary administration process, up from the previous $75,000 cap.
How soon do I need to deposit a will after someone dies?
Within 10 days of learning of the death, under Florida Statute §732.901, even before you're ready to open a formal probate case.
What's the difference between a will and a trust?
A will directs how your assets are distributed after death and generally still goes through probate. A properly funded trust can let assets pass to beneficiaries without going through probate at all.
Whether you're settling a loved one's estate or putting your own plan in place, Seidlich Law can help. Contact us today for a free consultation.
