Frequently Asked Questions About Probate
What is probate, and when is it required?
Probate is the legal process of settling a deceased person’s estate—paying debts, validating a will, and distributing assets to heirs. In Florida, probate is generally required when a person dies owning assets solely in their name, regardless of whether they had a will.
How long does probate take in Florida?
The timeline can vary depending on the complexity of the estate, whether there is a will, and if any disputes arise. On average, probate in Florida can take anywhere from six months to over a year. At WEISSMAN | PAUL, we work to keep the process as efficient and smooth as possible for our clients.
Do I need a probate attorney?
Yes—especially if you are serving as a personal representative or encountering a dispute. A probate attorney ensures all legal requirements are met, helps avoid mistakes or delays, and protects your rights throughout the process.
What happens if there is no will?
If someone dies without a will, Florida’s intestate laws determine how the estate is divided. The court will appoint a personal representative, and assets will be distributed to heirs according to a statutory order of priority.
Can you help resolve disputes among heirs or beneficiaries?
Absolutely. Disputes may arise over the interpretation of a will, asset distribution, or the actions of a personal representative. Our attorneys are experienced in resolving probate conflicts through negotiation, mediation, or litigation when necessary.