Florida Probate Lawyer: Guidance Through Every Stage of Estate Administration
A Florida probate lawyer helps the personal representative—the person appointed by the court to manage the deceased person’s estate—collect assets, pay valid debts and taxes, and distribute the remaining property to beneficiaries.
Managing these responsibilities while grieving can feel overwhelming. We handle the legal paperwork, court deadlines, and creditor notices, helping you avoid costly mistakes and keep the process moving.
At Michael T. Heider, P.A., our Clearwater-based firm has helped Florida families move through probate with clarity and confidence since 2006. Whether the estate requires formal administration or qualifies for the simpler summary administration process, we explain your options and guide you through each step.
Florida probate is a court-supervised process. Deadlines are enforced strictly, and failure to meet them can delay distribution for months or expose the personal representative to personal liability.
| 20+ Years | CPA & Attorney | Free | Statewide |
|---|---|---|---|
| Florida Probate Experience | Legal & Financial Knowledge | Initial Phone Consultation | Serving All Florida Counties |
What Does Probate Actually Mean in Florida?
Probate is the legal process through which a deceased person’s assets are collected, debts and taxes are paid, and remaining property is distributed to beneficiaries, or, if there is no will, to heirs under Florida’s intestacy rules. In Florida, this process is governed by the Florida Probate Code and administered through the circuit court in the county where the decedent resided. For a Clearwater, Largo, Dunedin, or St. Petersburg resident, that means the probate division of the Pinellas County Clerk of the Circuit Court.
Not every asset passes through probate. Property held in a trust, accounts with named beneficiaries, and jointly titled real estate often transfer outside the process entirely. So does a home deeded with a Florida enhanced life estate (Lady Bird) deed. Determining what falls inside and outside a probate estate is one of the first tasks a probate lawyer in Florida performs. See probate vs. non-probate assets.
The Three Primary Types of Florida Probate
- Formal Administration : Required for most estates with more than $150,000 in non-exempt probate assets, and for estates where a personal representative is needed to sell property, pursue claims, or resolve disputes. It requires a court-appointed personal representative and typically takes six to twelve months.
- Summary Administration : Available when non-exempt probate assets total $150,000 or less (raised from $75,000 on July 1, 2026), or when the decedent passed away more than two years ago. No personal representative is appointed, and this streamlined path is significantly faster and less expensive. A Florida homestead usually doesn’t count toward the limit, so many estates where the house is the main asset now qualify. See how summary and formal administration compare.
- Disposition Without Administration : A limited option for very small estates made up only of exempt property, plus personal property worth no more than the final funeral and medical expenses. The 2026 law raised the dollar limits that apply here as well.
Do You Need a Probate Lawyer in Florida?
In most cases, yes. Florida requires a personal representative in a formal administration to be represented by an attorney unless they are the only person interested in the estate. When you hire a probate lawyer, Florida filing rules and deadlines are handled correctly from the first petition to the final discharge. If your situation is simple enough to handle on your own, we’ll tell you on the first call. See filing probate without an attorney.
Why Families Choose a Probate Lawyer in Clearwater?
Clearwater and the surrounding Pinellas County communities present distinct circumstances. This region is home to a substantial retiree population, blended families, snowbirds who maintain residences in multiple states, and property owners whose homes have appreciated considerably over decades.
Each of those factors introduces complexity. A probate lawyer in Clearwater who understands local court procedures, local judicial expectations, and the practical realities of Pinellas County filings can move an estate forward with far less friction than an attorney unfamiliar with the territory.
Common Situations Our Firm Handles
- Estates involving out-of-state heirs or beneficiaries.
- Homestead property determinations and exemptions.
- Disputes among family members regarding asset distribution
- Estates containing business interests or investment portfolios.
- Ancillary administration for non-residents who owned Florida property.
- Claims filed by creditors against the estate.
- Missing or contested wills.
The Advantage of Legal and Financial Perspective Combined
Attorney Michael T. Heider is a licensed attorney and a licensed certified public accountant. That dual credential matters more than it may initially appear.
Probate frequently intersects with tax questions, including:
- Estate tax exposure.
- Income tax filings for the decedent’s final year.
- Fiduciary income tax returns for the estate itself (IRS Form 1041).
- Basis adjustments on inherited property.
- Valuation of closely held business interests.
An attorney who understands both the legal framework and the accounting implications can identify issues early, coordinate strategy across disciplines, and prevent the kind of oversight that surfaces years later as an unwelcome surprise.
Before your initial consultation, gather the death certificate, the original will if one exists, recent account statements, property deeds, and a list of known debts. Arriving prepared can meaningfully shorten the timeline of your case.
The Probate Timeline: What to Expect
Most Florida families want to know one thing first: how long is this going to take?
- Filing the petition. Whoever holds the original will must deposit it with the clerk in the county where the person lived, within 10 days of learning of the death. The petition is then filed with the court.
- Appointing the personal representative. The court issues Letters of Administration, which is the document that finally lets someone access accounts.
- Notifying creditors. A notice is published, and known creditors get direct notice. Most creditors have three months from first publication to file claims against the estate (or 30 days from being served, if that’s later).
- Inventorying assets. Everything the estate owns gets valued and reported.
- Paying debts and taxes. Valid claims are settled. Invalid ones get objected to.
- Distributing what remains. Beneficiaries receive their shares and the estate closes.
A straightforward formal administration typically runs six months to a year. Contested matters or complicated assets can stretch longer. Summary administration often finishes in weeks. See our Florida probate timeline.
Why Florida Probate Trips People Up?
Florida has several rules that surprise families, particularly those who have handled estates in other states.
- Homestead protection. Florida’s homestead laws are unusually strong and can override what the will says about the family home.
- Elective share. A surviving spouse holds a statutory right to a portion of the estate, regardless of what the will provides.
- Attorney requirement. In most formal administrations, Florida law requires the personal representative to be represented by counsel.
- Out-of-state property owners. Florida has a large population of people who relocated later in life, which creates ancillary probate issues across state lines.
- Strict creditor deadlines. A missed notice requirement leaves the estate exposed longer than it should be.
- No transfer-on-death deeds for real estate. Florida uses Lady Bird deeds and trusts instead. A “TOD deed” form downloaded from another state won’t transfer a Florida home.
These are precisely the areas where Probate Lawyers in Florida prove their value. The statutes are not intuitive, and the consequences of guessing incorrectly fall on the personal representative personally.
What Does a Florida Probate Lawyer Cost?
Probate attorney fees depend on the type of administration and the estate’s value. Florida law provides fee guidelines for formal administration, while many summary administrations qualify for a flat fee.
We explain our fees on the first call so you know what to expect before hiring us. Visit our Florida probate attorney fees page for details.
Estate Planning Can Prevent Many of These Problems
While our firm regularly helps families through active probate cases, we also encourage proactive planning long before it becomes necessary. A properly structured plan, including a funded trust, updated beneficiary designations, and a current will and trust, can spare your family many of the headaches described above. Learn more about avoiding probate in Florida.
Assets held in a properly funded revocable living trust generally bypass the probate process entirely, which can save your loved ones significant time, money, and stress down the road. The trustee handles trust administration instead.
If it has been several years since you reviewed your estate plan, now is a good time to take a fresh look. Laws change, family circumstances change, and an outdated plan can create just as many problems as having no plan at all.
Serving Clearwater and All of Florida
Our office sits in Clearwater, but our clients are spread across the state. Whether you are in Pinellas County or handling an estate from several time zones away, we work in a way that fits your circumstances. Much of probate happens on paper and by phone, and we make that as painless as possible.
Speak With a Florida Probate Lawyer Today
You do not have to work through this alone, and you do not have to have every answer prepared before you call. What you need is counsel who has navigated this process many times over and can tell you precisely where you stand.
Michael T. Heider, P.A. offers a free consultation. Bring your questions, bring the documents you have gathered, and bring the ones you have been unable to locate. We will explain what the process looks like for your specific situation and what it will cost.
Call 727-235-6005 to speak with a Florida probate lawyer in Clearwater.