№ TAMPFL
Diane Crawford
Crawford Estate & Trust Law
Elder LawTax LawEstate Planning
- City
- Tampa
Estate Planning · Sub-Practice
Probate Administration
Probate is the legal process of settling an estate. It does not have to be a nightmare — if you have the right guide.
§ Overview
What your case actually involves.
Probate is the court-supervised process of authenticating a will, paying debts, and distributing assets after death. Even with a will, most estates must pass through some level of probate — a process that can take months to years and cost thousands of dollars.
Probate begins when the executor named in a will — or an administrator appointed by the court if there is no will — files a petition with the probate court. The court authenticates the will, inventories the estate, notifies creditors, pays valid debts and taxes, and ultimately orders distribution to heirs. The timeline and cost depend on the estate's complexity, whether the will is contested, and the state's probate rules. Small estates often qualify for simplified procedures; larger or contested estates can take years. Probate is a public process — all filings become part of the court record, meaning heirs, assets, and disputes are visible to anyone. Many estate plans use trusts specifically to keep this process private and efficient.
§ Key documents in this area
- ▸Petition for probate — the filing that opens the court proceeding
- ▸Letters testamentary or letters of administration — court authority for the executor
- ▸Inventory and appraisal — comprehensive list of the estate's assets and values
- ▸Notice to creditors — required notice published in a newspaper and mailed to known creditors
- ▸Final accounting — summary of all income, expenses, and distributions for court approval
- ▸Petition for final distribution — requests court approval to close the estate and pay heirs
§ How attorneys approach this
- ›Filing the petition with the probate court in the county where the decedent lived
- ›Collecting and inventorying all estate assets — bank accounts, real estate, investments, personal property
- ›Notifying creditors and evaluating all debt claims against the estate
- ›Paying valid debts, final income taxes, and any estate taxes
- ›Preparing and filing the final accounting with the court
- ›Distributing remaining assets to heirs per the will or intestacy laws
“The cost and duration of probate are almost entirely preventable with advance planning. Estates that pass through revocable living trusts avoid probate entirely — assets transfer in days or weeks rather than months or years, costs are minimal, and the process remains completely private. Families who are navigating probate for the first time are often surprised to learn how much of it could have been avoided. The silver lining: being part of a probate proceeding is often the catalyst that motivates people to create an estate plan of their own so their families don't face the same process.”
§ What to look for in an attorney
- 01Probate attorney experience — this is a specific procedural specialty
- 02Knowledge of simplified probate procedures for qualifying estates
- 03Experience with contested estates and will challenges
- 04Flat-fee or capped-fee arrangements for straightforward estates
- 05Clear timeline estimates — probate duration varies significantly by complexity
- 06Real estate expertise if the estate includes property that must be sold or transferred
⚖️
§ Ask these at your consultation
6 questions that matter
- ❓Does this estate qualify for simplified or small estate probate procedures?
- 💰What is the realistic timeline for completing probate in this county?
- 🔍Are there any debts or creditor claims that could reduce the estate?
- 📋Is any part of the will likely to be challenged by a potential heir?
- 💬What assets avoid probate and transfer automatically — and which must go through the court?
- 💡What are your fees for handling probate and how are they structured?
§ Frequently asked questions
Common questions about probate administration.
Q 01
How long does probate typically take?
Simple estates with clear wills, few assets, and no disputes can conclude in 6–9 months in most states. More complex estates — with real property, business interests, creditor disputes, or contested provisions — often take 1–3 years. States with their own simplified procedures for smaller estates can resolve qualifying cases in weeks. Your probate attorney can give you a realistic timeline based on your state's procedures and the estate's specific circumstances.
Q 02
Can the will be challenged during probate?
Yes. A will contest is a formal legal challenge filed during probate. Common grounds include lack of testamentary capacity (the person didn't understand what they were doing), undue influence (someone manipulated the decedent), fraud, duress, or improper execution. Successful contests can invalidate all or part of the will, resulting in the estate passing under an earlier will or state intestacy laws. Will contests are emotionally and legally complex and can significantly extend probate.
Q 03
I'm the executor. What am I personally responsible for?
Executors have a fiduciary duty to the estate's beneficiaries — meaning you must act in their best interests, not your own. Responsibilities include protecting estate assets, paying valid debts, filing required tax returns, and distributing assets per the will. Executors who misappropriate estate assets, make unauthorized distributions, or fail in their duties can be personally liable. An attorney can guide you through your obligations and protect you from executor liability.
Q 04
Does probate happen in the state where the person died or where they owned property?
Probate is typically opened in the state and county where the decedent was domiciled (their permanent legal residence) at the time of death. However, if the decedent owned real estate in other states, ancillary probate proceedings may also be required in each of those states — adding complexity, cost, and time. This is one of the strongest arguments for using a living trust, which avoids ancillary probate entirely.
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