What Is Probate?
Thomas Walser • December 7, 2025
Expert Insights From an Attorney With 40+ Years of Experience
If you’re a Florida homeowner or retiree, understanding probate
is essential—whether you’re planning for the future or handling the estate of a loved one. With over 40 years of experience in probate and estate planning,
a background as a CPA, and a Master’s in Estate Planning, I’ve guided families through every type of probate case: from simple formal administration to complex contested estates involving multiple heirs and properties. Here’s what you need to know.
Probate Explained in Plain Language
Probate is the legal process that determines who inherits a deceased person’s assets
and ensures those assets are legally transferred to the rightful heirs.
A helpful analogy I use with clients: if you have to read the will to figure out who receives an asset, that asset must go through probate.
Probate gives the legal authority to transfer assets like bank accounts, investments, and real estate to the heirs named in the will. Without it, the transfer cannot happen, no matter what the document says.
Common Misunderstandings About Probate
Two misconceptions I see all the time:
• “The bank will accept the will.”
Banks and financial institutions
cannot act on a will alone. They require
Letters of Administration
from the probate court. These letters authorize the personal representative to manage, collect, and distribute the decedent’s assets legally.
• “Probate is quick and simple.”
In reality, probate involves multiple legal steps, court filings, notifications to heirs and creditors, and administrative tasks. In Florida, it generally takes 6–12 months, and longer if there are disputes, multiple heirs, or complex assets.
Real-Life Examples: Why Probate Matters
I often see heirs try to take a will directly to a bank, expecting access to accounts. The bank refuses—only the probate court can validate the will and issue the necessary authority.
The same applies to real estate. If a property doesn’t have a co-owner with rights of survivorship, probate is required
before the deed can legally transfer to the heir. Without probate, the rightful heir cannot claim ownership, even if they are named in the will.
Challenges That Arise in Probate
Probate can become complicated when
family members disagree:
• Children may argue about paying final expenses or dividing personal property like jewelry.
• Second marriages and blended families can introduce disagreements about selling or distributing assets.
• Contested estates may involve disputes over the will or asset ownership.
With decades of experience in formal administration, summary administration, ancillary probate, and contested estates,
I’ve helped families navigate these challenges efficiently and fairly.
How to Minimize Probate Problems
The best way to reduce delays, costs, and stress is proactive planning:
• Revocable Trusts:
Transferring assets into a trust can bypass probate entirely.
• Beneficiary Designations:
Adding heirs to bank and brokerage accounts ensures a smooth transition.
• Real Estate Planning: Executing a quitclaim deed that names heirs as remaindermen allows property to transfer without court involvement.
Proper planning ensures your family avoids unnecessary stress and expenses after your passing.
Who Should Care About Probate?
If you’re a Florida retiree with homes, vacation properties, or other real estate,
probate is likely relevant to you. Many people underestimate how probate works and assume their heirs can simply inherit assets without court involvement.
Even if you already have a will, probate may still be required.
If you don’t have an estate plan, now is the time to create one. For families who recently lost a loved one without proper documents, contacting a probate attorney is essential to guide the family with
clarity, compassion, and legal precision.
Take Action Today
Probate doesn’t have to be overwhelming. With the right guidance, your estate can be managed smoothly, efficiently, and according to your wishes.
• Update or create an estate plan
to protect your assets.
• Consider trusts and proper titling
to reduce probate costs.
• Consult a probate attorney
if a loved one passed without an estate plan.
With proper planning, you can ensure your family is protected and your legacy is preserved.
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