Jacksonville Probate Attorney

Top-Rated Probate Lawyer in Jacksonville, FL

Probate court can be confusing and stressful, particularly when you are struggling with the loss of a loved one. When someone passes away leaving assets that did not automatically transfer upon their death, their estate must go through probate administration. The process of probate administration can take a long time, and it can be overwhelming, especially if you do not have a Jacksonville probate lawyer to support you.

If you are unsure how probate administration works. It can be made more straightforward with experienced legal counsel managing the administration process. Whether or not the person died with a Last Will and Testament, our office is here to assist you with the administration of their estate to get the assets transferred to the rightful heir(s), saving you time and stress while providing you the time you need to grieve.

With more than 15 years of experience, the Law Office of Douglas A. Oberdorfer, P.A., is here to make the process as stress-free as possible. Douglas A. Oberdorfer is an experienced probate attorney here to assist you through this difficult time.

Our Comprehensive Approach

After losing a loved one, the last thing you want to deal with is having to distribute his/her assets. Their will may name an executor, or they may have no will and the court will assign one to follow intestate inheritance laws.

The larger an estate is, the more important it is to have dedicated and experienced legal representation for probate administration. Extensive estates are more likely to lead to a high volume of creditor claims and disputes by interested parties. The Law Office of Douglas A. Oberdorfer, P.A., can assist you with the process and work to defend the estate against creditor’s claims.

Our firm has been aiding families in the Jacksonville area for 20 years, and we understand how delicate and emotional these cases can be for families. Our office is ready to assist with:

• Formal administration and asset distribution
• Summary administration
• Valuing assets
• Handling and negotiating creditor’s claims
• Following the deceased’s wishes in a will
• Mediating disputes between heirs
• Guardianships and conservatorships

We can also answer any other questions you may have about estate planning and probate court. It’s our goal to make this legal process as clear as we can.

Types of Probate in Jacksonville, FL

Probate places an executor in charge of an estate to:

• Catalog and value it.
• Identify and pay the estate’s debts.
• Distribute the remaining estate to the intended heirs.

Florida probate can be handled through formal administration, summary administration, and disposition without administration.

1. Formal Administration: Most estates go through formal administration, and this is the longest type of probate court. This process generally takes 6 months to more than a year, though it could last several years if the estate is contested. The steps of probate are handled by the local probate court.
2. Summary Administration: Summary administration is an expedited form of probate court, which is available to estates that are worth $150,000 or less in non-exempt assets and have no debt. Summary administration is also an option for estates that belonged to an individual who died more than two years ago, meaning that creditors cannot make claims on the estate. The only action that has to be taken is distributing assets to heirs. This process generally takes a few weeks to a month.
3. Disposition Without Administration: Disposition without administration allows the deceased’s estate to avoid probate hearings and only requires filing forms with the probate court. This is only an option if there is no real estate in the estate and the expenses are greater than the total value of the estate after probate.

Florida Statutes That Govern the Probate Process

Florida’s probate process is governed by Chapters 731 through 735 of the Florida Statutes, which comprise the Florida Probate Code. Chapter 731 provides the general definitions and rules that apply throughout the probate process.

Chapter 732 addresses important probate issues that include:

• Intestate succession, or the process of determining inheritance when someone dies without a will
• Elective share rights for surviving spouses, or the right of a surviving spouse to claim 30% of certain parts of the estate
• Protections for exempt property, or property that cannot be seized by certain creditors (people to whom the estate owner owed money). One very important exemption applies to the homestead, or the primary residence of the estate owner.

Chapter 733 governs estate administration, including:

• The appointment and duties of the personal representative, or the person appointed to settle the deceased individual’s estate
• The two-year statute of limitations on creditor claims on estates (see § 733.710)
• The three-month deadline for most creditors to file claims after the notice to creditors is published (see § 733.702).

Chapter 734 covers situations in which a non-Florida resident dies while owning property in the state. It establishes:

• Procedures for administering the estate of a non-Florida resident ( ancillary/foreign administration)
• Qualifications for foreign (i.e., non-resident) personal representatives

Chapter 735 outlines simplified probate options, including summary administration (see § 735.201 and its 2026 amendment).

The Process of Probate

The administration of an estate in probate court usually follows these steps:

1. Filing a Probate Petition

A beneficiary, a named personal representative or a creditor can file the petition for administration of the estate. The petition is filed in the county where the decedent lived (or the county where the decedent owned property, if they were not a Florida resident).

Filing this petition will include several supporting documents, including the deceased’s will if there is one. The Court must initially determine the validity of the purported will. If there is no will, Florida law establishes a priority for who should be appointed personal representative.

2. Notifying Relevant Parties

This includes all beneficiaries of a will or heirs by succession laws. It also includes notifying all creditors. The representative of the estate must inform known creditors by mail of their ability to make a claim and notify all unknown creditors by publishing a newspaper notice. Creditors can then file their claims with the estate within a certain time period.

3. Inventorying the Estate

The executor of the estate must then list, value, and inventory all assets and debts in the estate. All the deceased’s assets and liabilities must be evaluated, including:

• Personal property
• Loans
• Bank accounts and other financial accounts
• Businesses and interests
• All other high-value assets

Valuation of some assets may require a professional. Cataloging and finding all assets in an estate may be a simple task, or it may be incredibly complex, depending on the estate.

4. Paying Claims

Once the period of time for creditor claims has ended, the executor of the estate can pay all valid claims. Paying these claims is generally done in cash, and some estates may require assets to be liquidated to pay creditor claims. After creditor claims are fulfilled, the executor must pay estate taxes. Florida does not have an estate tax, but there are federal estate taxes.

5. Distributing Assets

Once creditor claims are paid, the executor can distribute the remaining assets to heirs and beneficiaries. This is done according to either the deceased’s will or state inheritance laws if there is no will.

6. Verifying Accounting

The executor must file a report with probate court listing the accounting details. This includes the list of all assets and debts in the estate, valid creditor claims and their payments, and any other expenses in the estate. The court must verify and approve the accounting.

7. Closing the Estate

Once distribution, payments, and any litigation are taken care of, and all beneficiaries receive a copy of the final accounting, the executor must request that the court relieve them of their duties as executor. Beneficiaries also receive a copy of this. If there are no beneficiary objections and the court approves, the estate can be closed.

What Is the Average Cost of Probate in Florida?

Probate costs depend on the unique estate, its value, and the provisions of a will. There are also court filing fees, attorney costs, executor fees, and even fees to notify creditors in certain situations. The factors that impact the cost of the process are:

• The gross value of an estate, the amount of assets, and the resulting taxes on this value
• The number of beneficiaries listed in a will
• If there are complex provisions in the will
• If there are any disputes or challenges to a will, and how long litigation continues

The more complex an estate’s probate is expected to be, the more expensive attorney services are likely to be. However, a complex probate process means that an attorney’s knowledge and skills are even more necessary to protect your interests and manage things efficiently.

Why Hire a Probate Lawyer in Jacksonville, FL?

Navigating Florida’s probate laws can require the support of an experienced Jacksonville probate attorney who understands how to manage a complex probate case. An attorney can help you understand tricky concepts such as the surviving spouse’s elective share, exempt property protections, and the court’s issuance of Letters of Administration. They can help see that the estate is administered in accordance with Florida law.

Additionally, missing a filing deadline or overlooking a requirement in probate can delay the administration of an estate and create unnecessary complications. An experienced probate attorney can help you remain in compliance while providing guidance and support during a difficult time.

FAQs About Florida’s Probate Process

Whether you are planning ahead for the administration of your own estate or you recently discovered that a loved one named you in their will as their personal representative (executor), you probably have many questions about the probate process.

At Law Office Of Douglas A. Oberdorfer, P.A., we have been helping clients through probate for nearly two decades. Here are some of the most common questions our clients ask:

Does everyone have to go through probate?

No. Only estates with certain assets need to go through probate, mainly assets that are solely in the deceased person’s name and are not in a transfer on death (TOD) or payable on death (POD) account. For example, life insurance policies have a named beneficiary and are payable on death, so they do not usually have to go through probate. Assets placed in a trust also pass outside of probate. In addition, a summary process under state probate laws is available for certain estates with a total value of $150,000 or less.

How long does probate take?

Probate takes longer than people think. Television and movies make it appear as though heirs receive their inheritance within days of their loved one’s passing. In reality, the process takes anywhere from several months to over a year. Certain situations take longer, such as selling real estate or needing to file a federal estate tax return.

What does a personal representative do?

A personal representative oversees the administration of the estate. Other states refer to this person as the executor or administrator. Often, the will nominates the personal representative that the deceased preferred. If not, the heirs can nominate someone for the role. This person has many jobs, including:

• Filing the paperwork with the court necessary to start the probate process
• Serve notice to all interested parties
• Gather the estate’s assets and debts
• Liquidate any assets, such as selling real estate or cars
• Pay any debts, including taxes
• Distribute the remaining assets to family, heirs and other beneficiaries
• Close the probate with the court

What if there is no will?

When someone dies without a will, their estate is considered intestate. In those cases, the court will decide who the decedent’s legal heirs are under Florida law and appoint a personal representative. Florida statutes lay out which heirs inherit in what order under these circumstances.

Who pays for the probate?

The personal representative pays all costs, including court fees and attorney fees, out of the estate assets. Expenses may include appraisal fees, accounting costs, and publication fees required by the court. Because these expenses are generally paid from the estate before distributions are made, they can reduce the amount ultimately received by beneficiaries.

What Is Ancillary Probate in Florida, and When Is It Needed?

Ancillary probate is required when someone who lives outside Florida dies owning real estate in Florida, which has an average home value of $377,578. One example would be a nonresident who owned a home, vacation property, or real estate in Duval County.

That property would be administered under Chapter 734 of the Florida Statutes, which guides the transfer of ownership. The proceeding works alongside the probate case in the decedent’s home state.

How Long Do Creditors Have to File a Claim Against a Florida Estate?

In most cases, creditors have three months after a notice to creditors is first published to file a claim under Florida Statute § 733.702. Florida also imposes a strict two-year deadline from the date of death, after which time most claims would be barred (see § 733.710). Personal representatives should take care to see that all notice requirements are met.

Can the Personal Representative Be Held Personally Liable?

A personal representative must administer the estate according to Florida law and can be held personally liable for breaches. Someone who follows the Probate Code and works closely with an experienced probate attorney is unlikely to make significant errors. However, mistakes in distributing funds, meeting deadlines, or paying creditor claims can leave the personal representative facing penalties.

Do I Need to Hire a Probate Lawyer in Florida?

In most probate cases, Florida law requires the personal representative to retain a licensed attorney. There are a few exceptions, such as when the personal representative is the estate’s sole beneficiary and the only interested party. If you need to hire a probate lawyer for assistance with settling an estate, Law Office of Douglas A. Oberdorfer, P.A., can help you explore your options.

Plan for the Future With Us

When you are dealing with the loss of a family member, business partner, or other loved one, the probate process can feel especially complex. The team at the Law Office of Douglas A. Oberdorfer, P.A., knows probate law and estate planning. We can help whether you have been made the estate’s executor or are a beneficiary of the estate. For over 15 years, we have successfully administered probate cases for our clients.

Let us take care of your probate needs so you can enjoy the peace of mind that our legal services permit. If you want to take steps to protect your loved ones and your estate from the probate process, our attorneys can work with you on an estate plan that meets your needs.

You can contact us online today or call 904-299-6913 to speak with an experienced probate attorney. We serve clients in Jacksonville, Florida.

Jacksonville, FL Probate Resources

• What Assets Are Exempt from Probate in Florida?
• Probate Process In Florida Without A Will
• How Much Does A Probate Lawyer Cost in Florida?