When a loved one passes away, dealing with their estate can feel overwhelming. Many families wonder: “Do I really need a probate attorney in Florida, or can I handle this myself?”
The short answer: In most cases, Florida law requires you to have a probate attorney. And even in situations where it isn’t mandatory, having an experienced lawyer can save you time, money, and major legal headaches.
Why Probate Matters in Florida
Probate is the legal process of administering someone’s estate after death – paying debts, notifying creditors, distributing assets, and transferring property. Think of it as the court’s way of making sure everything is handled properly and fairly.
Florida recognizes two main types of probate:
- Summary Administration: For smaller estates (generally under $75,000 in non-exempt assets). This process is faster, and beneficiaries can sometimes file without an attorney.
- Formal Administration: The most common type of probate, required when the estate is larger or involves complex assets. By law, a Florida attorney must represent the personal representative (executor) in formal probate, unless the executor is the sole beneficiary.
Why Florida Law Requires a Probate Attorney
Probate is not just paperwork – it’s a court-supervised legal process. In fact, skipping an attorney is a lot like saying you’ll perform surgery on yourself: possible in theory, but risky in practice.
Here’s what’s typically required in probate:
- Preparing and filing legal documents (petitions, deeds, orders)
- Providing a formal accounting to beneficiaries
- Notifying creditors and publishing legal notices in newspapers
- Filing tax returns (including unpaid taxes owed by the decedent)
- Distributing assets according to court rules and fiduciary duties
If these steps aren’t done correctly, the personal representative can be personally liable to the IRS, unpaid creditors, or even angry beneficiaries.
Risks of Handling Probate Without a Lawyer
Even in summary administration cases, going it alone comes with risks:
- Mistakes delay the process: Incorrect filings can cause months of delays.
- Personal liability: You could be held financially responsible for unpaid debts or improper distributions.
- Conflict of interest issues: For example, if you want to buy property from the estate, it could breach your fiduciary duty without court approval.
- Lawsuits from beneficiaries: Errors may lead to disputes, lawsuits, and out-of-pocket legal fees.
Benefits of Hiring a Probate Attorney
Even if it weren’t required by law, working with a probate lawyer makes the process easier:
- Compliance with Florida law: Avoid costly mistakes
- Faster resolution: Attorneys know the system and streamline filings
- Protection from liability: Safeguards personal representatives from lawsuits and penalties
- Peace of mind: Families can focus on grieving and healing, instead of navigating legal red tape
So, Do You REALLY Need a Probate Attorney in Florida?
Yes, in almost every case. Florida law requires it for formal administrations, and even in summary administrations, having an attorney helps ensure everything is done correctly.
Losing a loved one is already difficult. The last thing you want is to add unnecessary stress, risk personal liability, or face lawsuits over paperwork mistakes.
If you’re asking yourself whether you need a probate attorney in Florida, the answer is clear: yes. Not only is it often legally required, but it’s also the smartest way to protect yourself and your family.
Contact SJF Law Group today for a consultation and let our experienced probate attorneys guide you through the process efficiently, compassionately, and with your best interests in mind.