Can You Handle Probate Without an Attorney?

If you’re wondering whether you can handle probate without an attorney in Florida, the short answer is — in most cases, no. Florida law usually requires that an attorney assist with the probate process. That’s because probate can be complicated, and making even a small mistake can cause serious delays or extra costs.

Why Is an Attorney Required for Probate in Florida?

In Florida, probate is considered a court-supervised legal process. It involves proving the validity of a will (if there is one), identifying and gathering the deceased person’s assets, paying debts and taxes, and distributing what’s left to the rightful heirs.

Because this process affects the rights of many different people — creditors, beneficiaries, and sometimes even people contesting the will — the courts require that a licensed attorney handle most probate cases. An attorney ensures that all steps are properly followed under Florida law and that no one’s rights are overlooked.

Are There Any Exceptions?

There are very limited situations where you might not need an attorney for probate in Florida:

• Disposition Without Administration: If the estate is very small and only involves exempt personal property (like household furnishings) or reimbursement for final expenses (like funeral costs), the estate may qualify for a simplified process that doesn’t require an attorney.

• Personal Representative Is an Attorney: If the personal representative (the person in charge of the estate) is also a licensed Florida attorney, they can handle the probate without hiring outside legal counsel.

However, these situations are rare. Most estates — even simple ones — must go through either formal administration or summary administration, both of which require an attorney.

Why Having an Attorney Matters

Probate in Florida involves strict deadlines, detailed paperwork, and formal court procedures. Missing a filing date, improperly notifying creditors, or failing to distribute assets correctly can delay the estate’s closure, cost extra money, and even expose the personal representative to personal liability.

An experienced probate attorney helps by:

• Preparing and filing all required documents

• Advising the personal representative of their legal duties

• Communicating with the court and other parties

• Helping resolve disputes

• Making sure the process moves as quickly and smoothly as possible

While it might be tempting to try to handle probate on your own to save money, in Florida, most estates legally require the help of an attorney. Even when it’s not mandatory, having the right legal guidance can protect you from costly mistakes and make a stressful process much easier to manage.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.