Trusts, Estates, and Medicaid Planning

PROBATE ATTORNEYS

Florida Probate Attorneys

Probate is a court-supervised process for distributing a deceased person’s titled assets, whether or not they left a will. McFarland Gould Law Firm has a thorough knowledge of the Florida probate process, handling probate cases throughout the state and working with out-of-state personal representatives, beneficiaries, and relatives to settle Florida estates. Free initial consultations are available across six Tampa Bay office locations. Call 727-461-1111.

Senior Partner Gary W. Lyons handles probate and trust administration matters across Tampa Bay, serving clients in Pinellas, Hillsborough, Pasco, and all Florida counties.

What is Probate?

Probate is a court supervised process of distributing property as directed by a will, or in accordance with Florida law if no will exists. Because there is court supervision of the entire process, heirs and beneficiaries can be assured of a full and fair distribution of the estate. Probate is generally necessary whenever a deceased person leaves titled assets in their name alone.

Our Florida Probate Services

We take pride in our strong and active practice in probate, trust administration, and estate matters, providing high-caliber legal services to families, individuals, heirs, and beneficiaries with compassion and understanding. Whether you have been named a personal representative, executor, or trustee and need help with distribution, or you are a beneficiary with questions about how an estate is being handled, we have the knowledge to represent your interests in any probate proceeding.

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    Frequently Asked Questions

    What is probate and can it be avoided in Florida?

    Probate is the court-supervised process of validating a will, paying debts, and distributing assets after death. It can be time-consuming, costly, and a matter of public record. Assets held in a revocable living trust, jointly titled with rights of survivorship, or with named beneficiaries generally pass outside of probate.

    How long does probate take in Florida?

    The timeline depends on the size and complexity of the estate, whether the will is contested, and the court’s schedule. A simple, uncontested probate may resolve in a few months, while larger or contested estates can take a year or more. An experienced probate attorney can help keep the process moving efficiently.

    Do I need an attorney for probate in Florida?

    In most Florida probate cases involving formal administration, the personal representative is required by law to be represented by an attorney unless they are the sole beneficiary. Even where not strictly required, an attorney helps navigate court filings, creditor claims, and distribution correctly.

    What is the difference between formal and summary administration?

    Formal administration is the standard probate process and is used for most estates. Summary administration is a simplified, faster process available for smaller estates (generally those with non-exempt assets under a statutory threshold) or when the decedent has been deceased for more than two years.

    What does a personal representative do?

    A personal representative (sometimes called an executor) is responsible for gathering and protecting estate assets, notifying creditors and beneficiaries, paying valid debts and taxes, and ultimately distributing the remaining assets according to the will or Florida law. An attorney guides the personal representative through each of these legal obligations.

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