When Does an Estate Have to Go Through Probate?

The passing of a loved one often brings emotional and financial challenges. One of the first questions many families face is whether the estate must go through probate. Probate is the court-supervised process of validating a will, paying debts, and distributing property to heirs. At Aventus Law Group, we assist families in Winter Park, Orlando, and throughout Florida by providing clear guidance and efficient legal support during every stage of probate.

Understanding Probate in Florida

In Florida, probate is typically required when a deceased person owned assets solely in their name or without a designated beneficiary. The court ensures that creditors are paid and that remaining assets are distributed according to the will or, if there is no will, through Florida’s intestate succession laws.

A probate attorney helps families determine whether probate is necessary and which type of proceeding applies. Florida recognizes two main probate processes: formal administration, used for estates valued over $75,000 or with disputes, and summary administration, a faster option for smaller estates or when the person has been deceased for more than two years.

Not every asset needs to go through probate. Property held jointly, accounts with designated beneficiaries, and assets in a living trust generally bypass court involvement. This distinction helps families understand that probate requirements depend on how ownership and designations were structured before death.

Situations That Require Probate

Some estates must go through probate because of how assets are titled. Real estate owned solely by the deceased, such as a home or investment property, almost always requires probate before ownership can be legally transferred. Similarly, bank accounts or vehicles without joint ownership or a named beneficiary must also pass through the court process.

A probate lawyer plays an essential role in these cases. They prepare filings, notify creditors, manage asset appraisals, and ensure taxes and debts are properly handled before distribution. Skilled legal support minimizes court delays and helps avoid errors that could lead to costly disputes.

When an estate includes complex holdings, business interests, or multiple heirs, the guidance of a probate lawyer becomes even more important. Formal probate ensures that assets are distributed transparently, protecting the estate’s value and honoring the decedent’s wishes.

To learn how our firm assists families with probate and estate matters, visit our practice areas page.

When Probate May Be Avoided

Florida law provides several ways to transfer property without probate. Assets placed in a revocable living trust during life pass directly to beneficiaries under the trust terms. Jointly owned property, such as a home titled as “joint tenancy with right of survivorship,” automatically transfers to the surviving owner.

Other examples include payable-on-death (POD) bank accounts, transfer-on-death (TOD) securities, and insurance policies or retirement plans that name beneficiaries. In some cases, small estates may qualify for simplified procedures that reduce time and cost, provided all debts are settled.

An estate probate attorney can evaluate your loved one’s holdings and identify which assets require court involvement and which do not. For families planning their estates, taking these steps early can help ensure property transfers proceed smoothly and privately.

How Long Does the Probate Process Take?

The duration of probate depends on the size and complexity of the estate. Summary administration may take as little as three months, while formal administration can last a year or longer. Factors such as contested wills, creditor claims, or difficulties locating heirs can extend the timeline.

A probate law firm in Winter Park can help families meet Florida’s procedural requirements, avoid delays, and maintain compliance with the court’s expectations. At Aventus Law Group, we manage every stage of the probate process with precision and care, from filing petitions to distributing assets.

According to the Florida Bar Association, probate timelines vary widely, but working with an attorney helps prevent costly errors and ensures your loved one’s wishes are carried out properly. With the right representation, probate becomes a structured process rather than a source of confusion or conflict.

Guidance You Can Rely On

Probate can be complex, but families do not have to face it alone. Our attorneys at Aventus Law Group provide dependable legal and financial guidance to help families manage the process efficiently. We focus on minimizing stress while protecting the estate’s integrity and honoring your loved one’s intentions.

Whether you need help initiating probate, planning to avoid it, or resolving disputes among beneficiaries, our firm offers experienced counsel every step of the way.