St. Augustine Probate Attorneys

What is Probate?

Probate is the legal process of validating a person’s will, settling their financial affairs, and distributing their assets to beneficiaries. In Florida, probate ensures that a decedent’s property is properly transferred and that outstanding debts, taxes, and claims are addressed.

Probate may include:

• Validating the will (if one exists)
• Identifying and valuing assets
• Paying creditors and final expenses
• Ensuring taxes are addressed
• Distributing remaining assets to heirs or beneficiaries

Florida has several types of probate administration:

• Formal Administration: This is the standard probate process used for most estates, especially when assets exceed $75,000 or involve complex matters such as disputes, real estate, or unclear documentation.
• Summary Administration: A faster, more simplified version of probate available for smaller estates valued under $75,000 (excluding exempt property) or when the decedent has been deceased for more than two years.
• Disposition Without Administration: A very limited option used only when the estate contains minimal assets needed to pay final expenses.

Because probate requirements vary depending on the estate, working with our St. Augustine probate attorney ensures you follow the correct process and avoid costly delays or legal issues.

The Process of Probate Litigation

While many estates move through probate without conflict, disputes sometimes arise—especially when emotions are high or estate terms are unclear. Probate litigation can occur for many reasons, including:

• Challenges to the validity of a will
• Accusations of undue influence or fraud
• Disputes among beneficiaries
• Conflicts involving creditors or financial institutions
• Misconduct or mismanagement by the personal representative

At Owenby Law, P.A., we represent heirs, beneficiaries, trustees, and personal representatives in probate disputes throughout St. Augustine. Our litigation services include:

• Will Contests: If a will was executed under suspicious circumstances or does not reflect the decedent’s true intent, litigation may be necessary to protect your rights.
• Breach of Fiduciary Duty Claims: Personal representatives must follow strict legal responsibilities. If they fail to act ethically or properly manage the estate, beneficiaries may pursue legal action.
• Beneficiary Disputes: Arguments over asset distribution, unclear provisions, or personal property can escalate without experienced legal intervention.
• Creditor Claims: Florida requires estates to address valid creditor claims. When creditors and estates disagree, litigation may follow.

Our firm works diligently to resolve disputes efficiently—whether through negotiation, mediation, or courtroom litigation. We aim to protect both the estate and your family’s best interests.

How to Avoid Probate

Many families choose to proactively structure their estate plans to minimize or completely avoid probate. Avoiding probate saves time, reduces costs, and ensures a smoother transition of assets.

Here are the most common probate-avoidance tools in Florida:

• Revocable Living Trusts: Placing assets in a living trust allows them to pass directly to beneficiaries without court involvement.
• Beneficiary Designations: Life insurance, retirement accounts, and some financial accounts can transfer automatically to named beneficiaries.
• Pay-On-Death (POD) & Transfer-On-Death (TOD) Accounts: Banks and investment accounts can be directly transferred outside probate.
• Joint Ownership with Right of Survivorship: Property jointly held with survivorship rights transfers immediately to the surviving owner.
• Lady Bird Deeds (Enhanced Life Estate Deeds): Popular in Florida, these deeds allow homeowners to maintain full control of their property during life while passing it on automatically upon death.

At Owenby Law, P.A., we help individuals and families create comprehensive estate plans that reduce stress and ensure assets are protected long-term. Whether you want to avoid probate or streamline the process for your loved ones, our estate planning strategies are designed around your unique needs.

Florida Probate FAQs About Probate

How long does probate take in Florida?

A typical probate case in Florida lasts anywhere from 6 to 12 months, depending on complexity. Cases involving disputes or large estates may take longer.

Is probate required if there is a will?

Yes. Even with a valid will, probate is usually required to legally transfer assets to heirs.

Do all assets go through probate?

No. Assets with designated beneficiaries or those held in trust generally bypass probate.

How much does probate cost in Florida?

Costs vary based on estate size, attorney fees, court fees, and whether disputes arise. Our firm provides transparent, upfront guidance on expected expenses.

Do I need a probate lawyer in Florida?

Florida law typically requires personal representatives to be represented by an attorney during formal administration. Even when not required, having a lawyer ensures the process is efficient and compliant with state law.

What if the deceased had no will?

The estate will be distributed according to Florida’s intestate succession laws, which determine heirs based on family relationships.

Our Caring Attorneys Are Here to Help with Probate Needs

We understand how difficult it can be to go through probate when you are mourning the loss of a loved one. Our attorneys can help by taking the work off your hands. We’ve helped many other families in St. Augustine through sensitive times, and we can do the same for you.

Our commitment is to provide compassionate, comprehensive support tailored to each family’s situation. We prioritize understanding your unique circumstances and goals, ensuring our services align with your needs while providing clear, consistent communication throughout the probate process. By doing so, we help relieve the stress associated with managing an estate during a period of mourning.

Call Owenby Law, P.A. at (904) 770-3141 for a free initial consultation.