Estate Litigation
Resolving disputes among heirs, beneficiaries, and personal representatives.
Probate is the court-supervised process of settling a person's estate after death. Knowing which type of administration applies, and what the court requires, can prevent months of avoidable delay.
Probate is the court-supervised process of gathering a person's assets after death, paying valid debts and taxes, and distributing what remains to the beneficiaries named in the will or to the heirs under Florida law. The case is filed in the circuit court for the county where the decedent lived, and the person appointed to manage it, the personal representative, takes on legal duties owed to the estate's creditors and its beneficiaries alike. Not every estate follows the same path. Florida provides formal administration for larger or more complex estates and summary administration for smaller ones or where the decedent died more than two years ago. Assets that pass by beneficiary designation, by joint ownership with rights of survivorship, or through a properly funded trust often avoid probate altogether, so identifying which assets are actually part of the estate is one of the first questions worth answering. The Elliot Legal Group represents personal representatives, beneficiaries, and heirs in Florida probate matters, handling the filings and deadlines the court requires, addressing creditor claims, and resolving disputes over wills, accountings, and distributions when they arise.
Each service below has its own page with process, questions, and the counties it covers.
Gavin T. Elliot, Esq. is the Founder and Senior Managing Attorney of The Elliot Legal Group, P.A. in Fort Lauderdale, Florida. His practice focuses on business litigation, real estate disputes, partnership and shareholder conflicts, corporate governance matters, and related civil disputes.
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Probate is the court-supervised process of identifying a person's assets after death, paying valid debts, and distributing the remainder to the beneficiaries named in the will or to the heirs under Florida law.
It depends on the type of administration and whether disputes or creditor claims arise. Simpler estates can conclude in a few months, while formal administration commonly runs closer to a year or longer.
No. Assets held jointly with rights of survivorship, accounts with valid beneficiary designations, and property titled in a trust generally pass outside probate.
The personal representative inventories estate assets, notifies creditors and beneficiaries, pays valid claims and taxes, and distributes what remains under court supervision.
In most formal administrations Florida court rules require the personal representative to be represented by an attorney, and even where representation is not required the filing requirements and deadlines are strict. On cost, Florida law sets out a presumptively reasonable attorney's fee for probate administration calculated on the value of the estate, and whatever is agreed is set out in writing before the work begins.
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