Probate
Context
Probate procedures, costs, and timelines vary considerably by state. Some states offer simplified or summary procedures for small estates, while larger or disputed estates can take many months. Much of estate planning — wills, trusts, beneficiary designations — is designed around how probate works in the person's state, which is one reason estate plans are state-specific.
Key Points
- Probate validates and carries out the will. Without a will, the court distributes assets under state intestacy law.
- Some assets skip probate. Beneficiary designations, joint ownership, and trusts pass outside the process.
- It is public. Probate filings are generally court records, which is one reason some people plan to minimize it.
- Costs come from the estate. Court fees, personal representative fees, and attorney fees are paid from estate assets.
Explore Probate Resources
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Frequently Asked Questions
Does having a will avoid probate?
How long does probate take?
How can someone find legal help for an elderly parent?
Sources & Further Reading
These are official or established sources you can use to verify the information above. External links open in a new tab.
The Florida Bar
Wills and Estates — Public Resources
Consumer information on Florida wills, probate, and estate matters.
External links do not imply endorsement.
About this page
- Updated
Sources
- Wills and Estates — Public Resources — The Florida Bar
“Accessed” means the date the source was consulted; it is not the publication date of this page.
Published: September 26, 2026
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LegalHelpForSenior.com provides general informational content and is not a law firm. Information on this website should not be considered legal advice. Laws and procedures vary by state. For advice about a specific situation, consider consulting a qualified attorney licensed in the applicable jurisdiction. Read our full legal disclaimer.