Probate FAQs
Guidance from Cohen Samuels on Florida probate, personal representatives, creditor issues, court filings, and what families may expect after a loved one dies.
These materials are prepared by Cohen Samuels, PLLC for general educational purposes. They are not legal advice and do not create an attorney-client relationship.
Questions Answered
What is probate?
Probate is the court-supervised process used to identify estate assets, appoint the proper representative, address valid creditor claims, and distribute property to beneficiaries or heirs.
Does every estate require probate?
Not every asset requires probate. Assets with beneficiary designations, survivorship ownership, trust ownership, or certain exemptions may transfer outside probate, but the answer depends on the title and beneficiary structure.
How long does probate take in Florida?
Timing depends on the type of administration, court requirements, creditor period, asset issues, disputes, and whether the estate can be handled efficiently.
Who is the personal representative?
The personal representative is the person or institution appointed by the court to administer the estate, gather assets, notify creditors and beneficiaries, and complete required distributions.
Can probate be avoided?
Probate may be reduced or avoided through properly funded trusts, beneficiary designations, survivorship planning, and careful asset titling, but planning should be tailored to the client’s situation.
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Contact Cohen Samuels, PLLC to discuss your Florida estate planning, probate, trust administration, or elder law concerns.
