Florida probate · Trust administration · Estate planning
Florida probate, explained clearly.
Practical guidance for settling a loved one’s estate, administering a trust, or handling an inherited Florida home, from Kracht Law Firm, P.A. in Winter Park.
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Start with your situation.
The right Florida procedure depends on where the person lived, how each asset was owned, and what the will or trust says. Choose the description closest to yours.
Lived in Florida
A family member died in Florida
How Florida probate works, which procedure may apply, and what the personal representative is responsible for.
Smaller or older estates
The estate may qualify for summary administration
A shorter court process for estates within the statutory value limit, or when the death was more than two years ago.
Lived outside Florida
They lived elsewhere but owned Florida property
Florida real estate can need its own proceeding, even when an estate is already open in another state.
Trusts
There is a trust, and you are the trustee or a beneficiary
What a successor trustee must do after the settlor’s death, and what beneficiaries are entitled to know.
Real estate
A Florida home needs to be transferred or sold
Title, homestead protections, mortgages, and the authority needed before a closing can proceed.
For attorneys
A settlement or claim needs an estate opened
For attorneys whose wrongful-death or injury matter needs a personal representative with court authority.
The main Florida probate procedures.
Florida law offers more than one path. Which one fits depends on the estate’s value, the date of death, the will, and the authority the family actually needs.
- Formal administration. The court appoints a personal representative with authority to collect assets, handle creditor claims, and distribute the estate.
- Summary administration. A court order transfers assets without appointing a personal representative, for estates that meet the statutory requirements.
- Ancillary administration. A Florida proceeding for a nonresident’s Florida property.
- Trust administration. Usually handled by the trustee without a court case, but with real duties to beneficiaries.
Know the scope and cost before you begin.
An initial conversation identifies which procedure fits, which documents are needed, and what work the matter is likely to involve. The firm explains its fee arrangement in writing before representation begins.
Questions families ask first.
Planning ahead.
Wills, revocable trusts, Lady Bird deeds, and incapacity documents work best when they are designed together and the assets are actually titled to match.