Probate Services

What Is Probate?

Probate is the court-supervised legal process of authenticating a deceased person's last will and testament, settling outstanding debts, and distributing remaining assets to rightful heirs and beneficiaries. In Florida, probate is administered through the circuit courts and can range from a simple summary administration to a full formal probate depending on the size and complexity of the estate.

At Hernandez Legal, P.A., we guide families through every stage of the probate process with care, transparency, and efficiency — minimizing delays and protecting your family's interests throughout.

Florida Probate — Key Types

• Formal Administration — Required when the estate value exceeds $75,000 or the decedent passed within the last two years. A personal representative is appointed by the court to manage all estate matters.
• Summary Administration — A simplified, faster process available for smaller estates (under $75,000) or when the decedent has been deceased for more than two years.
• Disposition Without Administration — Available for very small estates where the only assets are exempt property or amounts needed to pay final expenses.
• Ancillary Probate — Required when a Florida non-resident owned real property in the state of Florida at the time of death.

Our Probate Services Include

• Filing the petition for administration with the Florida circuit court
• Appointment and qualification of the personal representative
• Identifying, locating, and notifying all beneficiaries and creditors
• Inventory and appraisal of estate assets
• Payment of valid creditor claims and resolution of disputes
• Filing final accountings and tax returns as required
• Distribution of assets to beneficiaries per the will or Florida intestacy law
• Formal closing of the estate with the court

The Probate Process — Step by Step

1. Initial Consultation — We review the decedent's assets, debts, and any existing estate planning documents to determine the appropriate probate pathway.
2. File Petition — We prepare and file the petition for administration with the appropriate Florida circuit court and publish required creditor notices.
3. Personal Representative Appointed — The court issues Letters of Administration, granting legal authority to manage and act on behalf of the estate.
4. Inventory & Appraisal — All estate assets are identified, valued, and formally inventoried. Creditor claims are reviewed and addressed.
5. Distribution & Closing — After all debts and taxes are settled, remaining assets are distributed to beneficiaries and the estate is formally closed with the court.

Why Hire a Probate Attorney?

While Florida law does not always require an attorney for probate, attempting to navigate the process alone can lead to costly mistakes, missed deadlines, and court delays. A probate attorney ensures the estate is handled correctly, creditors are properly addressed, and beneficiaries receive what they are legally entitled to — without unnecessary conflict or expense.

As a bilingual firm serving Florida's diverse communities, Hernandez Legal, P.A. also ensures that Spanish-speaking families have full access to clear legal guidance every step of the way.