Probate in Florida

Probate is a court-supervised process for ensuring that a deceased person’s assets are properly distributed after their death. Assets are used first to pay the cost of the probate proceeding, then outstanding debts, and the remainder is distributed to the beneficiaries.

In Florida, there are two types of probate administration: formal administration and summary administration. In limited circumstances, there is also a small estates administration which distributes very small estates and can be done without an attorney.

Debra G. Simms is a Board Certified Elder Law Attorney in Florida dedicated to helping you wind up the financial affairs of your loved ones.

How does the Probate Process work?

Probate documents are filed with the Clerk of the Court in the county where the deceased person lived at the time of death. Orders from the Judge will be required to approve the Personal Representative, determine which assets are exempt, ensure that creditors and taxes are paid, distribute assets to the beneficiaries, and close the probate estate.

In most cases, no appearance is required before the Judge; however, if disputes arise during the course of administration, the Judge will hold a hearing as necessary to resolve the matter in question.

Attorney Debra G. Simms will help you make sense of the Probate process:

  • Guiding you through the Probate process
  • Rights of the Surviving Spouse and Children
  • Estate’s Obligation to Creditors
  • How long does the Probate process take?
  • What if there is no will?
  • What if there is a Revocable Trust?

Contact the Law Office of Debra G. Simms to schedule your initial consultation.

Contact Us

Port Orange Office:
Prestige Executive Center
823 Dunlawton Ave. Unit C
Port Orange, FL 32129
Local: 386.256.4882
Toll Free: 877.447.4667
New Smyrna Beach Office:
629 N. Dixie HWY
New Smyrna Beach, FL 32168
Local: 386.256.4882
Toll Free: 877.447.4667
The Villages:
Tel: 352.350.0079