The loss of a loved one often leaves behind not only grief but also the responsibility of settling their estate. At Berg Bryant Elder Law Group, we assist Florida families with every aspect of probate, from filing documents with the court to resolving disputes over assets. Our attorneys approach each case with care and precision, easing the legal burdens so families can focus on honoring memories and moving forward.
When someone close to you passes away, handling their affairs adds another layer to your grief. The court processes, paperwork, and legal deadlines can quickly become overwhelming. Our team at Berg Bryant Elder Law Group brings order to this confusing time, ensuring your loved one’s final wishes are honored properly and efficiently.
We simplify probate so you can focus on what matters most.
Probate is the legal process that transfers assets from a deceased person’s estate to their rightful beneficiaries. In Florida, this court-supervised process involves:
Not all assets go through probate. Assets with designated beneficiaries, jointly-owned property, and assets held in trusts typically bypass the probate process entirely.
Probate is only necessary when there are “probate assets”—those held solely in the deceased person’s name without joint ownership with right of survivorship, designated beneficiaries, or trust ownership.
Common examples of probate assets include bank accounts in the deceased’s name only, real estate titled solely in the deceased’s name, personal property without designated beneficiaries, and pending personal injury or wrongful death claims.
Even small estates may require probate if they contain these types of assets.
Florida offers several probate options based on your specific situation:
This is the standard probate process for most estates and includes appointment of a personal representative, notice to creditors, asset inventory and valuation, payment of valid claims, and distribution to beneficiaries.
The process typically takes 6-9 months for straightforward cases but can extend to years for complex estates.
Available when the value of the entire estate subject to probate is $75,000 or less, or the deceased has been dead for more than two years. This simplified process is faster and less expensive than formal administration.
This simplified process applies to very small estates where the deceased left only exempt personal property and the value of non-exempt property doesn’t exceed the cost of final expenses.
No matter which type of probate applies to your situation, understanding the process can ease stress during a difficult time.
While each estate is unique, most Florida probate cases follow these key steps:
Without proper guidance, delays often occur at each step, extending the emotional and financial burden on families.
The probate process can become complicated when:
Disagreements between family members can significantly delay probate and increase costs. Brothers and sisters might argue over who gets certain personal items with sentimental value.
Sometimes a child believes they deserve more than others or questions how money is being handled. When family members don’t trust each other, simple decisions become complicated legal battles that drag on for months or even years.
Some estates include property that’s hard to find or determine the value. A family business might need special accounting to figure out its worth. Collectibles like coins or artwork need expert opinions on their value.
Digital assets such as cryptocurrency can be nearly impossible to access without passwords. These complex assets often require extra time and specialized help to handle properly.
Problems with people the deceased owed money to can create major headaches. Sometimes, surprise bills appear after death that no one knew about. If there isn’t enough money to pay all debts, deciding which creditors get paid first follows strict legal rules.
Disputes can arise when the personal representative questions whether a debt claim is valid, especially from family members claiming they’re owed money.
Duval County
Clay County
St. Johns County
Our experienced probate attorney from Berg Bryant Elder Law Group provides crucial support throughout the process:
We help you understand your legal options and responsibilities, ensuring all legal requirements are met properly and on time.
Our experience allows us to file accurate court documents promptly, maintain proper records, meet all statutory deadlines, and coordinate with financial institutions.
We help minimize family disputes by providing clear, objective information, facilitating productive communication, and representing your interests in court when necessary.
Our attorneys help review claims for validity, negotiate settlements when appropriate, object to improper claims, and prioritize payments according to law.
With thoughtful guidance and careful management, we help make the probate process smoother—for you and your family.
At Berg Bryant Elder Law Group, our Florida Board Certified Elder Law Attorneys understand both the legal complexities and emotional challenges of probate. We provide compassionate and knowledgeable guidance to help you manage this challenging process.
Our team serves families throughout Northeast Florida, including Jacksonville, Orange Park, and surrounding communities. We’re committed to making probate as smooth and stress-free as possible during a challenging time.
Don’t face probate alone. Contact us today to schedule a consultation and learn how we can help you honor your loved one’s legacy while protecting your family’s interests.
While not legally required for all cases, hiring a probate attorney is highly recommended. The complexity of probate law, filing requirements, and deadlines creates significant risks for non-lawyers. Simple mistakes can lead to personal liability for the personal representative, delays in distribution, and increased costs. For formal administration, Florida law generally requires personal representatives to be represented by an attorney.
Several types of assets bypass probate in Florida: assets held in trusts, life insurance with named beneficiaries, retirement accounts with designated beneficiaries, bank accounts with payable-on-death designations, real estate owned jointly with right of survivorship, and assets held in tenancy by the entirety (between spouses).
After someone passes away, any person with possession of the will must deposit it with the clerk of the court having probate jurisdiction within 10 days of learning of the death. Failure to do so can result in legal penalties. This rule ensures the will is properly preserved and available for the probate process.
The duration varies widely based on estate complexity, whether there are disputes, court backlog in your county, and the personal representative’s efficiency. Simple summary administrations may conclude in weeks, while formal administrations typically take 6-9 months for straightforward estates. Complex cases involving litigation can extend to several years.
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.
