Florida Probate Attorneys — We Guide Your Family Through Every Step

From filing the petition to distributing assets — Elder Needs Law handles the entire probate process so your family doesn't have to figure it out alone.

Board-Certified Elder Law Attorney

Best Elder Law Firm — Best of Miami-Dade Gold Winner

Martindale-Hubbell Preeminent Rated

Serving All Florida — Multiple Offices

Hablamos Español

(305) 783-3924

Call or Text — Available to Answer Your Questions

Call Now for Free Consultation

Thank you! Your submission has been received!

Oops! Something went wrong while submitting the form.

What Is Probate — And What Happens If You Ignore It?

When someone passes away in Florida, their estate typically must go through a court-supervised process called probate before assets can be transferred to heirs. Without proper legal guidance, probate can drag on for months or years — draining the estate through court fees, creditor claims, and family disputes.

At Elder Needs Law, PLLC, we handle Florida probate efficiently and compassionately, protecting your family's inheritance and reducing the stress of an already difficult time.

Probate Process Steps

1

Step 1: File the Petition

‍We file the probate petition with the appropriate Florida circuit court, identify the decedent's assets, and formally open the estate.

2

Step 2: Notify Creditors & Beneficiaries

‍Florida law requires formal notification to all known creditors and beneficiaries. We manage all required notices so nothing is missed.

3

Step 3: Inventory & Value Assets

‍We identify, locate, and value all estate assets — including real property, bank accounts, investments, and personal property.

4

Step 1: File the Petition

‍We file the probate petition with the appropriate Florida circuit court, identify the decedent's assets, and formally open the estate.

5

Step 2: Notify Creditors & Beneficiaries

‍Florida law requires formal notification to all known creditors and beneficiaries. We manage all required notices so nothing is missed.

6

Step 3: Inventory & Value Assets

‍We identify, locate, and value all estate assets — including real property, bank accounts, investments, and personal property.

Types of Florida Probate We Handle

Formal Administration (standard probate for estates over $75,000)

Summary Administration (simplified probate for smaller or older estates)

Disposition Without Administration (for very small estates with no real property)

Ancillary Probate (for non-Florida residents with Florida assets)

Contested Probate and Will Disputes

Probate with Medicaid Recovery Claims (we know how to minimize these)

Types of Florida Probate We Handle

Formal Administration (standard probate for estates over $75,000)

Summary Administration (simplified probate for smaller or older estates)

Disposition Without Administration (for very small estates with no real property)

Ancillary Probate (for non-Florida residents with Florida assets)

Contested Probate and Will Disputes

Probate with Medicaid Recovery Claims (we know how to minimize these)

Florida Probate Services We Provide

Whether your situation is straightforward or complex, Elder Needs Law provides comprehensive probate representation across all Florida counties.

Probate Court Representation

We appear on your behalf in Florida probate court — filing petitions, attending hearings, and handling all court communications. You don't have to step foot in a courtroom unless required.

Estate Inventory & Asset Management

We identify and value all estate assets, including real property, financial accounts, vehicles, business interests, and personal property — ensuring nothing is overlooked.

Executor / Personal Representative Guidance

If you've been named executor, we walk you through every responsibility — from notifying creditors to distributing assets — so you fulfill your duties correctly and avoid personal liability.

Creditor Claims & Debt Settlement

We review all creditor claims against the estate, negotiate settlements where appropriate, dispute invalid claims, and prioritize payments correctly under Florida law.

Will Interpretation & Dispute Resolution

Contested wills and disputed bequests can derail probate for years. Our attorneys help interpret will provisions, resolve beneficiary disagreements, and pursue litigation if necessary.

Estate & Inheritance Tax Guidance

While Florida has no state estate tax, federal estate taxes may apply to larger estates. We coordinate with CPAs to ensure tax returns are filed correctly and liabilities are minimized.

Medicaid Estate Recovery Defense

If your loved one received Medicaid benefits, the State of Florida may file a claim against the estate. We know how to challenge, reduce, or defend against these recovery claims.

Ancillary Probate for Non-Florida Residents

If the decedent lived outside Florida but owned property here, we handle ancillary probate so their Florida assets are properly transferred.

Why Florida Families Trust Elder Needs Law for Probate

Board-Certified Elder Law Attorney

Jason Neufeld is officially Board-Certified in Elder Law by The Florida Bar — placing him among an elite group of attorneys recognized for the highest standards of competence and professionalism. Most attorneys practicing probate are NOT board-certified. This matters.

Gold Winner — Best Elder Law Firm in Miami-Dade

Elder Needs Law was recognized as the #1 Elder Law Firm by Best of Miami-Dade — awarded Gold for exceptional client service and legal excellence.

Jason Teaches Other Attorneys

Jason Neufeld regularly teaches other Florida attorneys the intricacies of Medicaid and estate planning law. When you work with us, you get the attorney who trains the trainers.

Serving All of Florida

With offices in Aventura, Boca Raton, Plantation, Spring Hill, Miami, Tampa, Brandon, and Lakewood Ranch — plus remote consultations available statewide — we serve families across all of Florida.

Hablamos Español

We serve Florida's Spanish-speaking community with full-service legal representation in Spanish. Your family shouldn't have to struggle with language barriers during such an important process.

Responsive & Accessible

Jason and his team are known for fast response times, clear communication, and never leaving clients in the dark. No call centers, no runaround. You deal directly with attorneys who care.

Probate + Estate Planning Under One Roof

Many probate cases reveal the need for updated estate planning among surviving family members. We handle both — so you never need to start over with a new firm.

What Our Clients Say About Working With Elder Needs Law

Jason and his team are responsive and communicate very well. Jason helped me to get the benefits that I qualified for much faster than expected. I would recommend him highly. My case seemed complicated to me, but Jason explained everything in detail and made everything go quite smoothly. I interviewed several elder law attorneys prior to choosing Jason Neufeld.

Mitchell Nm

Google Review

A strong recommendation for Jason Neufeld and his Elder Law firm — very professional, patient, reliable, and experienced. When my father fell terminally ill, I became responsible for his assets and finances overnight, including the daunting task to qualify him for Medicaid. Throughout the process, Jason and his team provided clear guidance and support to successfully complete all the new and complex tasks required... His fees are more than reasonable for the level of due diligence and support we received.

J. Dekate

Google Review

The attorney Jason and his team are amazing at planning and execution. Me and my family would not trust anyone else with our estate planning needs.

Mo Perez

Google Review

Quick turn around time for appointments, great response time, very thorough, never rushed through and soooo easy to do business with over the internet! Read the website info, very very helpful!

Linda Cadogan

Google Review

See All Reviews on Google

Your Florida Probate Questions — Answered

Q1: Does every estate have to go through probate in Florida?

Not necessarily. Estates with assets held in a living trust, jointly-owned property, or assets with named beneficiaries (like life insurance or retirement accounts) may pass outside of probate. Very small estates may qualify for simplified procedures. However, any asset titled solely in the decedent's name — including real property, bank accounts, and investments — typically requires probate. We'll review your situation and tell you exactly what needs to go through the process.

Q2: How long does probate take in Florida?

Florida formal probate typically takes 9 to 18 months for a straightforward estate, though complex estates with disputes, creditor claims, or tax issues can take longer. Summary Administration (for smaller estates) can often be completed in 1 to 3 months. We work as efficiently as possible to minimize delays and keep costs down.

Q3: How much does probate cost in Florida?

Florida probate costs include court filing fees, publication fees, and attorney fees. Florida law sets a statutory fee scale for attorney compensation based on the gross estate value. We provide a transparent fee estimate during your free consultation so you understand all costs before committing. There are no surprise bills.

Q4: What happens if someone dies without a will in Florida?

When someone dies without a valid will (called dying 'intestate'), Florida's intestacy laws determine who inherits. Generally, assets pass to the spouse first, then children, then other relatives in order of priority. The court appoints a personal representative to administer the estate. This process can be more complicated and contentious than having a will — which is why we always recommend estate planning before it's needed.

Q5: Can the state of Florida take money from the estate if Medicaid was involved?

Yes — Florida has an estate recovery program that may file a claim against the estate to recover Medicaid benefits paid on behalf of the deceased. However, there are exceptions, exemptions, and legal strategies that can reduce or eliminate this claim. This is a highly specialized area where our expertise as elder law attorneys is particularly valuable. Don't assume you have to pay the full claim.

Q6: Do I have to be in Florida to handle a Florida probate?

No. We handle Florida probate for clients across the country and internationally. Most of our work can be done remotely — via phone, video conference, and secure document sharing. You are not required to appear in court in most probate matters; we can handle court appearances on your behalf.

Q7: Who is responsible for managing the probate process?

The executor (also called a personal representative in Florida) is responsible for managing the estate through probate. This person is named in the will, or appointed by the court if there is no will. The executor must inventory assets, pay debts, file tax returns, and distribute assets to heirs. Our attorneys guide executors through every step and protect them from personal liability for errors.

Q8: What if a family member is contesting the will?

Will contests can significantly delay and complicate probate. Common grounds for contesting a will in Florida include lack of testamentary capacity, undue influence, fraud, or improper execution. Our attorneys represent both those challenging a will and those defending its validity. We work to resolve disputes as efficiently as possible — through negotiation when possible, litigation when necessary.

Get Your Free Florida Probate Consultation Today

You've just lost a loved one. The last thing you need is to be overwhelmed by court procedures, legal deadlines, and creditor calls.At Elder Needs Law, PLLC, we take the probate process off your plate — completely. Jason Neufeld and his team will guide your family from the first court filing to the final distribution of assets.

When you call or submit this form, here's what happens:

A member of our team contacts you within 1 business day

We schedule your free, no-obligation consultation

Jason reviews your situation and explains your options clearly

You decide how to proceed — no pressure, no commitment required

What to have ready:

The original will (if one exists)

A list of known assets (property, accounts, vehicles)

Names and contact info of known beneficiaries

Any correspondence from creditors or other attorneys

Thank you! Your submission has been received!

Oops! Something went wrong while submitting the form.

Florida Probate Attorneys — We Guide Your Family Through Every Step

From filing the petition to distributing assets — Elder Needs Law handles the entire probate process so your family doesn't have to figure it out alone.

Get a Free Probate Consultation

Prefer to call? We're ready.

What Is Probate — And What Happens If You Ignore It?

Probate Process Steps

1

2

3

4

5

6

Types of Florida Probate We Handle

Types of Florida Probate We Handle

Don't navigate Florida probate alone.

Get a Free Probate Consultation

Prefer to call? We're ready.

Florida Probate Services We Provide

Questions about your specific situation?

Why Florida Families Trust Elder Needs Law for Probate

Ready to work with Florida's top-rated probate attorneys?

What Our Clients Say About Working With Elder Needs Law

Your Florida Probate Questions — Answered

Still have questions? We're happy to help.

Get Your Free Florida Probate Consultation Today

When you call or submit this form, here's what happens:

What to have ready:

Schedule Your Free Consultation

Prefer to call? We're ready.

Office Locations