When a loved one passes away, settling their affairs can feel overwhelming. The probate process in Florida has strict rules and deadlines, so having the right attorney can make a tremendous difference — both emotionally and financially. Here’s what to look for when choosing a probate attorney.
1. Look for Florida Probate Experience
Probate laws and court procedures vary from state to state. You’ll want an attorney who regularly handles Florida probate cases and understands local court practices, especially if property or homestead rights are involved.
Tip: Ask how many probate administrations the attorney handles in a typical year — and whether those are summary, formal, or ancillary estates.
2. Confirm They Handle Your Type of Case
Not every estate is the same. Some involve formal probate (court-supervised), while others qualify for summary administration or even disposition without administration.
Choose an attorney who explains which type applies to your situation and why — not one who gives a one-size-fits-all answer.
3. Evaluate Communication and Responsiveness
Probate can take months. You’ll want someone who:
- Returns calls or emails promptly
- Clearly explains what to expect next
- Keeps you updated on filings and deadlinesYou shouldn’t have to chase your attorney for information.
4. Understand the Fee Structure
In Florida, probate fees are often based on a percentage of the estate value under Florida Statute §733.6171, but many attorneys offer hourly or flat-fee options for smaller estates.
Ask for a written fee agreement that explains how costs are billed and what’s included.
5. Check for Personal Compatibility
This is often overlooked. Probate matters involve sensitive family dynamics and emotional decisions. Choose someone you feel comfortable with — an attorney who listens, answers questions directly, and shows empathy while staying objective.
6. Look for a Local Presence
Each Florida county has its own probate division and local procedural quirks. A Sarasota or Manatee County attorney, for example, will be familiar with local filing systems, judges, and clerks. That local familiarity can save time and stress.
7. Verify Credentials and Standing
You can confirm an attorney’s standing with the Florida Bar at www.floridabar.org. This will show whether the attorney is in good standing and whether there are any disciplinary actions.
8. Ask About Related Services
Probate often overlaps with other issues — such as trust administration, estate tax, or homestead transfers.
An attorney experienced in both probate and estate planning can help minimize future problems for surviving family members.
9. Get a Clear Roadmap
Before hiring, ask the attorney to outline the steps of your probate case and the expected timeline. A good attorney will explain:
- Which documents are needed
- What happens in court
- When distributions can occurThat transparency helps you feel confident in the process.
10. Trust Your Instincts
Finally, if an attorney rushes you, avoids clear answers, or seems too busy, trust your gut. Probate requires both technical knowledge and personal trust.
Conclusion
The right probate attorney will help you navigate Florida’s process efficiently, reduce conflict, and give you peace of mind that your loved one’s estate is handled properly.
If you have questions about selecting or starting a Florida probate, contact Bart Scovill, PLC, where our firm is dedicated to helping families through every step of the probate process with clear communication and local experience.
Disclaimer:
This article is for general informational purposes only and does not constitute legal advice. Every probate matter is different, and reading this content does not create an attorney-client relationship. If you need legal advice regarding a probate matter in Florida, you should consult with a qualified attorney about your specific situation. https://scovills.com/?p=3461
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