If a bank won't release your loved one's funds without a court order, you're dealing with probate. Nussbickel Law guides families through the Florida probate process every day. Let us handle the courts, heirs, and bill collectors, so you can move on with your life.
What is probate, and when is it required in Florida?
Probate is the court process that transfers a deceased person's individually owned assets, pays valid debts, and closes the estate. In Florida, it is generally required when someone dies owning assets in their sole name without a beneficiary designation, whether or not they left a will.
Assets that pass outside probate include jointly owned property with survivorship rights, accounts with payable-on-death or transfer-on-death designations, and assets titled in a trust. Everything else usually needs a probate case, filed in the circuit court for the county where the decedent lived. For Fort Myers and Cape Coral families, that is the Lee County circuit court within Florida's Twentieth Judicial Circuit.
Which type of probate does your family need?
Florida has two main forms. Formal administration is the standard process: the court appoints a personal representative, creditors are notified, and the estate is closed under court supervision. Summary administration is a streamlined process for estates valued at $150,000 or less (not counting exempt property) or where the death occurred more than two years ago.
The summary administration limit doubled from $75,000 to $150,000 on July 1, 2026 (Chapter 2026-57, Laws of Florida), so many Lee County estates that would have needed formal administration last year now qualify for the faster route. A third option, disposition without administration, applies only to very small estates with no real property.
How long does Florida probate take?
Most formal administrations take several months to a year or more. One reason is built into the law: after the Notice to Creditors is published, creditors generally have three months to file claims (§733.702, Florida Statutes), so even a smooth estate cannot close immediately. Real estate sales, disputes among heirs, and out-of-state assets add time. Summary administrations often conclude in a matter of weeks to a few months.
Live out of state? You probably will not need to travel.
Florida probate is conducted almost entirely on paper and by e-filing, and most estates never require a courtroom appearance. We regularly represent out-of-state personal representatives and heirs, including adult children settling a parent's estate in Lee, Collier, or Charlotte County from the other side of the country. Signatures, document review, and meetings are all handled electronically or by mail.
How we make probate easier
We understand how frustrating even “simple” probates can be: strict court requirements, uncooperative heirs, and aggressive creditors can derail the process. We combine current technology (secure portals, e-filing, electronic document exchange) with decades of courtroom experience and hundreds of probate and trust estates settled and closed in courts throughout Florida, from modest estates to those valued in the tens of millions. The result is a faster, smoother, and more predictable path to your inheritance.
Our probate team also has rare depth for a firm this size: our Florida Registered Paralegal previously supervised the Probate Division of Florida's Eighteenth Judicial Circuit, so we understand how courts process filings from the inside.
Probate questions we hear most
Do I need a lawyer for Florida probate? In most formal administrations, yes. Florida Probate Rule 5.030 requires a personal representative to be represented by an attorney unless the representative is the only interested person or is a Florida attorney.
What does probate cost? Typical costs include the court filing fee, publication of the creditor notice, and attorney's fees; Florida sets a presumptively reasonable fee schedule by statute (§733.6171). We explain our fees clearly before you engage us.
Does having a will avoid probate? No. A will is a set of instructions for the probate court, not a way around it. Avoiding probate takes lifetime planning, such as a funded revocable trust or beneficiary designations.
For more information, watch our Florida Probate Q&A videos or contact us for a free consultation.