Probate Lawyer in Jacksonville
Helping Jacksonville families through probate with ease
Our Jacksonville probate lawyers at Berg Bryant Elder Law Group guide families through every step: Filing documents, resolving disputes, and distributing assets according to Florida law. Settling an estate shouldn’t add more stress to an already difficult time. With steady communication and a compassionate touch, we make sure your loved one’s legacy is honored and the process moves forward smoothly.
Losing a loved one is difficult enough without the added stress of legal proceedings. In Florida, this process can be lengthy and complex, especially without proper guidance. At Berg Bryant Elder Law Group, our Jacksonville probate attorneys guide families through the probate process with compassion and clarity. We handle the legal complexities while you focus on what matters most—honoring your loved one’s memory and taking care of your family.
Turn a maze of paperwork into a clear roadmap for settling your loved one’s affairs.
Probate is the legal process that takes place after someone passes away. In Florida, probate serves several important functions:
Not all assets go through probate. Assets with designated beneficiaries (like life insurance policies), jointly owned assets with rights of survivorship, and assets held in trust typically pass to beneficiaries without court involvement.
For assets that do require probate, Florida offers several types of administration based on the estate’s size and complexity.
This is the standard probate process for most estates in Florida. Formal administration involves appointing a personal representative, notifying creditors, paying valid claims, and distributing assets to beneficiaries. This process typically takes 6–12 months, but can take longer for complex estates.
Available for estates valued at $75,000 or less (excluding exempt property) or when the deceased has been gone for more than two years. Summary administration is a simplified, expedited process that usually takes 1–3 months.
This simplified procedure is available only in very limited circumstances, typically when the deceased left only exempt personal property and non-exempt personal property whose value doesn’t exceed the amount of preferred funeral expenses and medical expenses from the last 60 days of the final illness.
This applies when a non-Florida resident owned real property in Florida. The primary probate occurs in the deceased’s home state, while ancillary administration addresses only the Florida property.
Duval County
Clay County
St. Johns County
While each estate is unique, the general probate process in Florida follows these steps:
The process begins when an interested party files a petition for administration with the probate court in the county where the deceased person lived. If the deceased left a will, it must be filed with the court at this time.
The court appoints a personal representative (executor) to manage the estate. This is typically the person named in the will or, if there is no will, a close family member.
The personal representative must publish a notice to creditors in a local newspaper and directly notify known creditors. Beneficiaries named in the will and legal heirs must also be notified of the probate proceedings.
The personal representative must identify, gather, and value all probate assets. This often requires appraisals for real estate, business interests, and valuable personal property.
Valid creditor claims, funeral expenses, administration expenses, and taxes must be paid from estate assets. The personal representative may need to sell some assets to satisfy these obligations.
After all debts and taxes are paid, the personal representative distributes the remaining assets to beneficiaries according to the will or Florida law if there is no will.
Once all tasks are completed, the personal representative files the final accounting and closing documents with the court to officially close the estate.
From simple estates to complex situations, we’re here to help you through every step of the probate process.
Even straightforward estates can face complications. Our probate attorneys help families address challenges such as:
When someone challenges the validity of a will based on concerns about the testator’s capacity, undue influence, fraud, or improper execution.
Disputing improper or excessive creditor claims against the estate to protect the beneficiaries’ interests.
Resolving conflicts over ownership of property or the proper valuation of assets.
Locating and notifying all potential heirs as required by law.
Handling property transfers, sales, or management during probate.
Addressing estate tax issues and ensuring proper filing of all required tax returns.
Disagreements and complications are common in probate. The right support makes it easier to find a resolution and peace of mind.
Probate doesn’t have to be overwhelming. With experienced legal guidance, you can move through this process efficiently while honoring your loved one’s wishes and protecting family interests.
At Berg Bryant Elder Law Group, our Florida Board Certified Elder Law Attorneys have guided hundreds of Northeast Florida families through probate. We provide the legal expertise and compassionate support you need during this difficult time.
Contact us today to schedule a consultation and learn how we can assist with your probate needs.
The duration depends on the type of administration and the complexity of the estate. Summary administration can be completed in a few weeks, while formal administration typically takes 6-12 months. Complex estates or those involving litigation may take longer.
Costs vary based on the estate’s size and complexity. Expenses typically include court filing fees, attorney fees, personal representative fees, appraisal costs, and publication fees.
Yes, many assets can pass outside of probate through proper estate planning. Strategies include creating a revocable living trust, designating beneficiaries on financial accounts and insurance policies, owning property jointly with rights of survivorship, and making lifetime gifts.
When someone dies without a will (intestate), Florida law determines who inherits their assets. Generally, assets pass to the surviving spouse and children according to a statutory formula, then to other relatives if there is no spouse or children. Without a will, you have no say in who serves as personal representative or guardian for minor children.
No. Assets that typically avoid probate include:
Serving clients throughout Duval, St. Johns, Clay, and Nassau Counties including Jacksonville, Jacksonville Beach, Neptune Beach, Atlantic Beach, Ponte Vedra Beach, Orange Park, Fleming Island, St. Augustine, and surrounding areas.
