Florida Probate Lawyer – Michael T. Heider, P.A.

If you are searching for an experienced Florida probate lawyer, you need clear guidance through a complex legal process. Michael T. Heider, P.A. is a trusted probate lawyer Florida families rely on to manage estate administration efficiently, affordably, and in full compliance with Florida law.

With more than 15 years of experience, we represent personal representatives, beneficiaries, and families throughout Florida in all aspects of probate and estate administration — from filing the initial petition to final asset distribution. As both a licensed attorney and Certified Public Accountant (CPA), Michael brings rare legal and financial insight to every probate case, helping clients navigate tax considerations and avoid costly delays.

Whether you are dealing with formal administration, summary probate, or intestate succession, we provide personalized legal counsel tailored to your situation.

15+ Years Florida Probate Experience

CPA & Attorney Legal & Financial Knowledge

Free Initial Phone Consultation

Statewide Serving All Florida Counties

What Is Probate & When It’s Required?

Probate is the court-supervised legal process for transferring a deceased person’s assets to their rightful heirs or beneficiaries. In Florida, probate is required whenever a person dies owning assets titled solely in their name — with no co-owner, designated beneficiary, or trust arrangement in place.

A court-appointed personal representative (also called an executor) manages the estate: identifying and valuing all assets, notifying creditors, settling valid debts and taxes, and distributing what remains to the named beneficiaries. Having a knowledgeable probate lawyer in Florida by your side ensures this process moves forward without costly errors or delays.

Types of Probate in Florida

• Formal Administration

Formal administration is required when the estate exceeds $75,000 and the decedent died within two years, or when the estate does not otherwise qualify for summary administration. A personal representative is appointed by the court to manage the entire process — notifying creditors, resolving claims, and distributing assets.

Formal administration typically takes 9–12 months in Florida. An experienced probate lawyer guides the personal representative through each stage to avoid delays and court complications.

• Summary Administration

A streamlined option for estates valued at $75,000 or less, or where the decedent has been deceased for more than two years. Beneficiaries petition the court directly for asset distribution without appointing a personal representative.

This process is typically completed in 2–4 months. Our team can quickly assess whether your situation qualifies for summary administration and handle the petition on your behalf.

• Testate vs. Intestate — With or Without a Will

If the deceased left a valid will (testate), assets are distributed according to their documented wishes under court supervision. If no valid will exists (intestate), Florida’s intestacy statutes determine how assets pass — generally to a spouse, then children, then parents and siblings.

Without a will, families may receive less than intended, or disputes may arise among heirs. We strongly recommend working with a Florida probate attorney to create a proper estate plan before it is needed.

What Happens If There Is No Will?

When a Florida resident dies without a valid will, their estate passes through intestate succession under Florida Statute §732 (see Florida Statutes Chapter 732). Here is how the state distributes assets by priority:

• Spouse with no children (or all children are shared): surviving spouse inherits 100% of the estate.
• Spouse with children from a prior relationship: the spouse and children split the estate per Florida law.
• No surviving spouse: estate passes to the decedent’s children in equal shares.
• No children: assets pass to parents, then siblings, then other relatives following Florida’s statutory priority list.
• No heirs found: the estate is escheated (transferred) to the State of Florida.

Intestate probate often produces outcomes the deceased would not have chosen. Our team can help you create a will, trust, or comprehensive estate plan today to ensure your assets go exactly where you intend.

When Is Probate Required in Florida?

Not every asset must go through probate. Florida law requires probate only for assets titled solely in the decedent’s name at the time of death, with no automatic transfer mechanism in place.

Probate-required assets typically include:

• Bank or investment accounts with no POD (Payable on Death) or ITF (In Trust For) beneficiary
• Real estate titled solely in the decedent’s name — primary home, rental property, or vacant land
• A solely-owned business or partnership interest with no designated successor or buy-sell agreement
• Life insurance where the named beneficiary predeceased the insured and no contingent beneficiary was named
• Any asset a financial institution or title company requires a court order to transfer

What typically avoids probate: jointly-owned property with right of survivorship, accounts with living named beneficiaries, assets held in a revocable living trust, and real estate with a Lady Bird Deed.

Not sure whether probate applies to your situation? We can assess your case in a free phone consultation. Call 727-235-6005.

Florida Probate Process Timeline

The length of Florida probate depends on the estate’s complexity. Below is a general timeline for Formal Administration:

Stage	Timeframe	What Happens
1. Filing	Weeks 1–2	Petition filed with probate court; personal representative appointed by the judge.
2. Inventory	Weeks 2–6	All estate assets identified, located, and valued at fair market value.
3. Creditor Notice	90 days	Creditors are formally notified. Florida law requires a mandatory 90-day creditor claim period.
4. Claims Review	Months 4–5	Valid claims paid from estate funds; invalid claims objected to and resolved by the court.
5. Tax Filings	Months 5–7	Final income tax return and any required estate tax returns filed if applicable under federal law.
6. Accounting	Month 8	A personal representative files a final accounting with the court detailing all assets, debts, and distributions.
7. Distribution	Months 9–12	Court approves distribution; assets transferred to beneficiaries; estate officially closed.

Why Choose Michael T. Heider, P.A.?

• 15+ years of probate & estate planning experience
• Certified CPA & attorney for comprehensive legal solutions
• Expertise in probate, Medicaid, elder law, and estate planning
• Affordable services with transparent fee estimates
• Personalized guidance through every step of the process

We simplify probate, ensuring efficient estate administration while minimizing legal complications and costs.

FAQs

Contact Your Florida Probate Attorney Today

We understand probate matters are time-sensitive and emotionally challenging. That’s why Michael T. Heider, P.A. offers a free initial consultation to discuss your specific situation and outline the best path forward.

📞 Call 727-235-6005 for your free, no-obligation phone consultation

📧 Schedule an appointment

📍 Visit Clearwater at 2629 McCormick Dr. #102, Clearwater, FL 33759

Don’t navigate probate alone. Let Michael T. Heider, P.A.—your Clearwater probate attorney guide you toward peace of mind and efficient estate administration.