Frequently Asked Questions About Probate

Probate is the legal process used to settle a person’s estate after they pass away. It ensures debts and taxes are paid and that remaining assets—such as real estate—are properly distributed to heirs or beneficiaries under court supervision.

Not always. Probate requirements depend on:

• Whether the person owned assets in their name alone
   
• The total value of the estate
   
• State-specific laws (for example, Florida has both formal and summary probate options)
   

Some assets, such as jointly owned property or accounts with named beneficiaries, may pass outside of probate.

Probate timelines vary. In general:

• Summary probate may take a few months
   
• Formal probate can take 6–12 months or longer
   

Delays can occur if there are disputes, missing documents, creditor claims, or real estate that must be sold.maintenance and repairs, and we strive to maximize your rental income while minimizing your expenses.

A Personal Representative (sometimes called an Executor or Executrix) is the individual appointed by the court to manage the estate during probate.

Although the titles differ, the role and responsibilities are essentially the same.

• If there is a will, the person named in the will is usually appointed
   
• If there is no will, the court appoints a qualified individual, often a close family member

A Personal Representative has a fiduciary duty, meaning they must act in the best interest of the estate and its beneficiaries. Responsibilities typically include:

• Identifying and securing estate assets
   
• Filing required court documents and notices
   
• Notifying creditors and handling valid claims
   
• Managing estate finances and accounts
   
• Maintaining, insuring, or selling real estate if necessary
   
• Distributing assets according to the will or state law
   

This role often involves coordinating with attorneys, accountants, and real estate professionals.

In many cases, yes—but court approval may be required depending on:

• The type of probate
   
• The language in the will
   
• State law
   

Selling a probate property often involves additional paperwork, disclosures, and timelines compared to a traditional sale.

Not always. If the court authorizes the sale and it is in the best interest of the estate, the Personal Representative may proceed even if beneficiaries disagree.

When someone dies intestate (without a will), state law determines:

• Who inherits the estate
   
• Who may serve as Personal Representative
   

This can make the process longer and more complex.

Sometimes. Proper estate planning tools such as trusts, beneficiary designations, and joint ownership can reduce or eliminate the need for probate.

In many states (including Florida), an attorney is required for formal probate. Even when not required, legal guidance is strongly recommended due to the complexity of probate rules.

Probate properties are often sold as-is. The Personal Representative may choose to:

• Make repairs to increase value
   
• Sell as-is on the open market
   
• Consider alternative sale options if speed or simplicity is a priority