Formal Administration: This main probate process will definitely need an attorney. The process is described in greater detail below. Summary Administration: The family will likely need an attorney due to the complexity. Disposition without Administration: This process is designed to operate without probate.
In Florida, probate must usually be initiated a short time after death. The will, if there is one, must be filed with the court within 10 days of the death. Even though there is no legal penalty for missing this window, it's very important to file promptly to avoid unnecessary delays in the probate process.
Probate matters are public record. In many cases, family members can use the court's website to check the status of probate. However, those experiencing difficulties obtaining Florida probate records can reach out to an estate planning lawyer for assistance.
If the filer is an attorney the documents should be filed electronically filed through the Florida Courts E-Filing Portal. Pro-Se filers may file court documents in the Probate division.
Bank accounts that could avoid probate in Florida include: Accounts with a named beneficiary. When you open a bank account, you can add a payable on death (POD) designations to your bank account so that when you die, the asset is distributed to that beneficiary upon your death. This avoids probate.
ALTHOUGH YOU ARE NOT REQUIRED TO HAVE AN ATTORNEY FOR CERTAIN PROBATE PROCEEDINGS, ONLY AN ATTORNEY CAN GIVE LEGAL ADVICE. IF YOU CHOOSE TO PROCEED WITHOUT AN ATTORNEY, AT ANY TIME IN YOUR CASE YOU MAY OPT TO HIRE ONE.
Probate in Palm Beach County can vary based on the circumstances, but generally, formal administration can take 12 to 15 months to complete. Summary administration can take less than a month to complete. However, the probate process can take longer if disputes or other difficulties arise.