No. Probate is only required for assets solely owned by the deceased that don't have designated beneficiaries or rights of survivorship. Many assets can pass outside of probate, including:

• Property held in joint tenancy with rights of survivorship
• Assets with designated beneficiaries (life insurance, retirement accounts, etc.)
• Assets held in a living trust
• Property transferred by lady bird deed
• In some cases, small estates may qualify for simplified procedures

Timeframes vary based on the type of administration and complexity of the estate:

• Formal Administration: Typically 6-9 months for straightforward cases
• Summary Administration: Usually 1-3 months
• Disposition Without Administration: Often just a few weeks Factors that can extend these timelines include real estate sales, business interests, tax complications, creditor disputes, or will contests.

Costs typically include:

• Court filing fees ($235-$400 depending on estate value)
• Personal representative fees (determined by Florida statute as a percentage of estate value)
• Attorney fees (either hourly or flat fee based on complexity)
• Additional costs (appraisals, certified copies, publication notices) During our initial consultation, I provide clear cost estimates based on your specific situation.

Formal administration is the standard probate process in Florida. It's required when:

• The estate's value exceeds $75,000
• The death occurred less than two years ago
• There are outstanding debts or complex assets The process includes appointing a personal representative, notifying creditors, inventorying assets, paying debts, and distributing remaining assets according to the will or Florida law.

Summary administration is a simplified, expedited probate process available when:

• The estate's value is $75,000 or less (excluding homestead property), OR
• The death occurred more than two years ago This process is faster and less expensive than formal administration, making it ideal for many Wakulla families with smaller estates or when significant time has passed since death.

This is the simplest form of probate, available only when:

• The deceased left very limited assets (typically personal property only)
• The value of these assets does not exceed the preferred funeral expenses and medical expenses from the last 60 days of illness This procedure is typically used when the only assets are exempt property or personal effects of minimal value.

In Florida, a personal representative (executor) must be:

• A Florida resident, OR
• A legally recognized relative of the deceased (spouse, child, parent, etc.) Additionally, they must:
• Be at least 18 years old
• Be mentally and physically capable of serving
• Not have been convicted of a felony Banks and trust companies authorized to do business in Florida may also serve.

The personal representative's duties include:

• Locating and protecting estate assets
• Creating an inventory of all assets
• Notifying creditors of the death
• Paying valid debts and taxes
• Distributing remaining assets to beneficiaries
• Filing required reports with the court
• Closing the estate As your Wakulla probate attorney, I guide personal representatives through all these responsibilities.

Florida law provides a statutory fee schedule for personal representatives based on the value of the estate:

• 3% for the first $1 million
• 2.5% for the next $4 million
• 2% for the next $5 million
• 1.5% for all above $10 million This fee is paid from estate assets. Personal representatives can also agree to a different fee arrangement or choose to waive compensation.

Florida's homestead laws create unique protections and restrictions for primary residences. These laws:

• Protect the home from many creditors
• Create restrictions on how homestead property can be devised in a will
• May allow property to pass outside of probate in certain circumstances For Wakulla homeowners, understanding these provisions is crucial during probate administration.

When someone dies without a will (intestate), Florida's intestacy laws determine who inherits their property. Generally:

• Spouse receives the entire estate if there are no descendants or if all descendants are from both spouses
• Spouse receives half and descendants receive half if any descendants are from another relationship
• If no spouse, descendants inherit everything
• If no spouse or descendants, parents inherit
• If no parents, siblings inherit These rules can create unexpected results, which is why having a will is so important.

Probate cases for Wakulla County residents are filed with:
Wakulla County Clerk of Court
Probate Division
3056 Crawfordville Highway
Crawfordville, FL 32327
As your local attorney, I handle all filing requirements, court appearances, and procedural details.

To begin probate in Wakulla County, you'll typically need:

• Death certificate (certified copy)
• Original will (if one exists)
• List of known assets and their approximate values
• Names and addresses of beneficiaries/heirs
• Information about any known creditors During our initial consultation, I'll provide a detailed checklist of everything needed for your specific situation.

Yes, but the process depends on the type of administration:

• In formal administration, the personal representative can sell property with the powers granted in the will or by court approval
• In summary administration, property typically must be distributed to heirs first, who can then sell it
• For homestead property, special rules may apply I help Wakulla families navigate these requirements when selling property during probate.

In formal administration, creditors must be notified of the death through:

• Publication in a local newspaper
• Direct notice to known creditors Creditors then have a limited time (typically 3 months from publication) to file claims. Valid claims are paid from estate assets according to legal priority before remaining assets are distributed to beneficiaries.

If the estate doesn't have sufficient assets to pay all valid claims, Florida law establishes a priority order for payment. Some debts may remain unpaid if assets are exhausted. Beneficiaries generally aren't personally responsible for the deceased's debts beyond the value of assets they receive.

There are several effective ways to avoid or minimize probate:

• Create a revocable living trust and transfer assets to it during your lifetime
• Use lady bird deeds for Florida real estate
• Hold property in joint tenancy with rights of survivorship
• Designate beneficiaries on financial accounts, life insurance, and retirement plans
• For small estates, use payable-on-death designations for bank accounts As your Wakulla attorney, I can help create a comprehensive estate plan that minimizes future probate needs.

Not necessarily. While probate avoidance offers benefits like privacy and potentially lower costs, probate can sometimes be beneficial for:

• Providing a clear timeline for creditor claims
• Resolving disputes through court oversight
• Ensuring proper distribution when situations are complex I help Wakulla families weigh these considerations as part of comprehensive estate planning.