Probate Attorney serving Gainesville, Florida

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What is The Probate Process in Florida?

Experienced professionals at Itasca Legal Law Firm are here to assist you through the entire process of probate.

Losing a loved one can be painful and overwhelming. Probate is a legal process in which a court oversees the distribution of a person’s assets after they pass away. If a person dies with a will, the court will ensure that the assets are distributed according to their wishes. If there is no will, the court will distribute the assets according to Florida law. At Itasca Legal, PLLC, we understand that the probate process can be overwhelming for families. Our attorneys will guide you through every step of the probate process and handle the administration of your loved one’s estate with care.

The Probate Process

The probate process begins with the filing of a petition with the probate court. This petition may be filed by a family member or another interested party. The court will then appoint a personal representative, who is responsible for managing the deceased person’s assets, paying off any debts or taxes owed, and distributing the remaining assets to the beneficiaries.

3 Types of Probate in Florida

The state of Florida recognizes 3 types of Probate: Formal Administration, Summary Administration, and Disposition Without Administration.


Formal Administration may be filed when the total value of the probate estate is above $75,000, and a personal representative needs to be appointed by the court.


Summary Administration may be filed when the total value of the probate estate is valued at $75,000 or less.

Disposition Without Administration

Disposition Without Administration may be filed in special circumstances to reimburse an individual who has paid funeral expenses for the decedent.

The Benefits of Hiring an Experienced Probate Attorney

One of the benefits of having an experienced probate attorney on your side is that they can help you navigate the court system and ensure that everything is done correctly. At Itasca Legal, PLLC, our attorneys are well-versed in the probate process and can provide you with the guidance you need.

Personal Representative Responsibilities

If you are the personal representative of an estate, you have many responsibilities, including collecting and managing the assets of the estate, paying any debts or taxes owed, and distributing the assets to the beneficiaries. Our attorneys can assist you with these tasks and make sure that everything is done according to Florida law.

Beneficiary Rights

If you are a beneficiary of an estate, we can help you understand your rights and make sure that you receive your fair share of the assets. We can also help you contest a will if you believe that it is not valid.

Compassionate Legal Guidance

At Itasca Legal, PLLC, we understand that the probate process can be emotional and stressful. We are here to help ease that burden by providing you with the legal guidance you need. Our attorneys will work closely with you to ensure that your loved one’s wishes are carried out and that the process is as smooth as possible. We will explain the probate process to you, and advise on debt and creditor obligations, taxes, real property valuations, non probate assets, and distributions to beneficiaries.

Estate Planning Services

In addition to our probate services, we also offer estate planning services. Estate planning is the process of preparing for the management and distribution of your assets after you pass away. By creating a comprehensive estate plan, you can ensure that your assets are distributed according to your wishes and that your loved ones are taken care of. Our attorneys can help you create an estate plan that is tailored to your specific needs and goals.

Get in Touch​

In conclusion, the probate process can be complex, however, with the help of an experienced probate attorney, you can ensure that everything is done correctly. At Itasca Legal, PLLC, we will be with you every step of the way. We are dedicated to helping families navigate the probate process and providing them with the legal guidance they need. Whether you are a personal representative of an estate or a beneficiary, we are here to help you every step of the way. Contact us today to schedule a consultation with one of our experienced attorneys.