Category Archives: Common Florida Probate Questions

“Quick” Q&A – What happens if I can’t find the Will?

Marie from Rochester, NY has turned her father’s house upside down and can’t find the Will. “Quick” Question: “My dad who ironically was an attorney, died and we can’t find his Will. We have no reason to believe that he wrote a Will other than the fact that he was an attorney and we find…

“Quick” Q&A – “Can I change title to real estate without Florida probate?”

Janice from New Mexico wanted to know if probate was necessary to change title to real estate: “Quick” Question “My mom owned a parcel of land in Lee County but was a resident of New Mexico. She died last May and we’re done with probate there. Can I just file the death certificate and deed…

Probate for a Timeshare?

There’s been an influx of calls from prospective clients who are interested in the probate of a Florida timeshare. Timeshare interests are similar to any other real estate interest with regard to the purchase and sale formalities. A timeshare has a legal description and is/was transferred by deed. It is indeed an interest in real…

How much does probate in Florida cost? A Guide to Florida Probate Fees.

First, let’s ensure we have the lingo correct. Attorneys bill for “attorneys’ fees” and “costs.” Attorney’s fees are the professional service rendered. Generally, the options for fee structure include: hourly fees, flat fees or contingent fees. Costs (or expenses) are the costs associated with the administration of the probate case, i.e. postage, court filing costs/fees,…

Decedent only left Florida homestead? Summary Admnistration is available!

Florida homestead is generally protected from the claims of creditors, even after death. It’s quite typical for clients to call me and tell me “all that mom left behind was some real estate.” My first question is always: “Was it her homestead? Her principal place of residence or domicle?”