After a death, it can be hard to know which legal steps are urgent and which decisions can wait. A conversation with a Florida probate attorney can help you identify the property involved, understand your responsibilities and prepare for the process ahead.
Does Florida require a probate attorney?
In a formal probate administration, a personal representative generally must be represented by an attorney admitted to practice in Florida. Florida Probate Rule 5.030 provides exceptions, including a personal representative who remains the sole interested person and a personal representative who is a Florida attorney. Being the only named beneficiary does not necessarily make someone the sole interested person.
Other procedures, including summary administration and disposition without administration, have different requirements. The first question is which procedure, if any, the assets and circumstances call for. A small estate is not automatically free of legal responsibilities, and a will does not by itself avoid probate.
Questions to bring to the first meeting
- Which assets require probate? Bring deeds, account statements, beneficiary designations and any trust documents. Property with effective survivorship or beneficiary arrangements may pass differently from property owned in the deceased person’s name alone.
- What documents should I locate? Ask about the original will, death certificates, trust amendments, financial records and any marital agreements. Florida generally requires a person holding a will to deposit it with the proper clerk within ten days after learning of the death.
- Who is entitled to serve and inherit? Appointment as personal representative and entitlement as a beneficiary are different questions. Without an effective will, Florida’s intestacy rules determine who receives probate property, subject to applicable protections and claims.
- Are there debts, taxes or deadlines? A lawyer can explain creditor notice, claim review, payment priorities and filing obligations. Do not assume that every bill should immediately be paid from estate funds or from your own money.
- Do any assets or beneficiaries need special attention? A business, property in another state, a minor beneficiary or a person receiving needs-based benefits can require additional planning and coordination.
- Is there a disagreement? Explain concerns about a will, ownership, a fiduciary’s conduct or a proposed distribution early. Deadlines can apply to objections and other claims.
- Who will the attorney represent? Counsel for the personal representative does not automatically represent every beneficiary personally. Ask how communications and any conflicts will be handled.
- How will the work be organized? Discuss the engagement terms, expected stages, who gathers records, how updates will be provided and what events could change the anticipated timing or cost.
Whose wishes govern the estate?
A personal representative administers the estate under the controlling documents and applicable law. The representative’s own preferences do not replace the deceased person’s valid directions or the rights of heirs, a surviving spouse or creditors. Understanding that responsibility at the beginning can prevent difficult misunderstandings later.
A practical place to start
You do not need to have every document or answer before asking for help. Gather what you can, make a list of immediate concerns and tell us about any deadlines or property that needs protection. I can help you understand the next steps and the support the estate requires.
For more about the role of counsel, see reasons to work with a probate attorney. If the experience also prompts questions about your own estate plan, those can be addressed separately. Contact our office to arrange a consultation.
Sources: Florida Probate Rules, including Rule 5.030; Florida Statutes § 732.901; Florida Statutes § 733.602.
Updated October 26, 2026.