Hi, I’m Kellen Bryant, a probate attorney practicing out of Jacksonville, Florida, and serving clients across the state. Before you hire a probate attorney, it’s important to understand what steps to take right after a loved one passes away. In many cases, probate may not even be necessary, and knowing this ahead of time can save you time and money. Below are three key steps to guide you.

Step 1: Address Immediate Needs at the Funeral Home

When a loved one passes, the first practical concern is the funeral home. Here’s what to consider:

• Paying for services: If there’s a prepaid funeral contract, use that funeral home. Otherwise, consider using joint account funds or arranging payment through a life insurance policy.
• Death certificates: Obtain an adequate number—on average, 8–12 copies (both long and short forms)—since you’ll need them for banks, insurers, and government agencies.
• Notifying agencies: Ensure the funeral home notifies Social Security and the VA if applicable. Learn more about reporting a death to Social Security here.

Step 2: Understand the Myth of the “Reading of the Will”

Despite what you might see in movies, there’s no formal “reading of the will.” Instead, you need to:

• Locate the original will—copies won’t suffice for probate purposes.
• File the original will with the clerk of court in the county where your loved one lived. For example, visit the Duval County Clerk of Court for Jacksonville residents.
• Identify the personal representative (executor) named in the will. This person manages the estate, pays debts, and oversees distribution.

If the will is straightforward and names clear beneficiaries, you might feel tempted to start sharing details with family members. However, it’s wise to consult with a probate attorney first, as certain legal factors could affect distributions.

Step 3: Collect Important Data

Before deciding whether probate is needed, gather the following information:

• Asset information: Search through important papers, bank statements, tax returns, and even online accounts. If you’re unsure where to look, consider reviewing county property records—many are available online, like the Florida Public Records portals.
• Ownership details: Determine whether accounts or properties had joint owners or designated beneficiaries. Assets with named beneficiaries or joint owners often bypass probate.
• Credit & tax matters: Notify credit bureaus of the death to prevent identity theft. You can learn how at FTC’s guidance on identity theft after death. Also, speak with a tax professional about filing a final tax return for the deceased.

When Is Probate Required?

You will likely need probate if:

• An asset (like a bank account) is solely in the deceased’s name without a beneficiary.
• A home is titled only in the deceased person’s name.
• A life insurance policy has no named beneficiary.

In these cases, a court order—often called letters of administration—is required before assets can be transferred or sold.

Attorney Fees and Final Thoughts

Attorney fees for probate in Florida are governed by state guidelines. For smaller estates, the fee may be a flat amount (often around $1,500), while larger estates are typically a percentage of the estate’s value. Court costs usually range between $250 and $400, depending on the county and complexity of the estate.

Even if you determine that probate isn’t needed, this is an excellent time for any surviving spouse to update or create their own estate plan.

Need guidance? Contact a qualified Florida probate attorney to review your specific situation and give you peace of mind moving forward.

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