Estate Planning & Probate Attorney
in Clearwater, FL

A foundational Florida estate plan typically includes a Last Will and Testament, a Health Care Surrogate Designation and HIPAA Authorization, a Durable Power of Attorney, and an Appointment of Agent to Control Disposition of Remains. Together, these documents address how your assets will be distributed, who can make medical decisions on your behalf if you are incapacitated, and who is authorized to manage your financial affairs. Many clients also benefit from a Living Will stating their wishes regarding end-of-life care. Depending on your circumstances, a trust may also be appropriate.

In most cases, yes. Florida law requires that formal probate proceedings in Pinellas County — and throughout Florida — be handled by a licensed Florida attorney. Even Summary Administration, the simpler form of probate used for smaller estates, requires proper court filings and legal preparation. Attempting to navigate probate without legal counsel often leads to delays, errors, and personal liability for the personal representative. Having an attorney from the outset helps ensure the process moves efficiently and correctly.

The timeline for Pinellas County probate depends on which type of proceeding is required. Summary Administration can often be completed in a matter of weeks if the estate qualifies and all filings are in order. Formal Administration typically takes six months to a year or longer, primarily because Florida law requires a creditor notice period of at least three months from the date of first publication. Contested matters or estates with complex assets may take considerably longer. An attorney familiar with the Pinellas County Probate Court can help set realistic expectations for your specific situation.

Summary Administration is a streamlined probate process available when the estate's probate assets are valued at $75,000 or less, or when the decedent has been deceased for more than two years. It is faster and less expensive than Formal Administration. Formal Administration is required for larger or more complex estates and involves appointing a personal representative, publishing a creditor notice, managing estate assets under court oversight, and completing a formal accounting and distribution. Your attorney can advise which process applies based on the specifics of the estate.

If a Florida resident dies without a valid will, their estate is distributed according to Florida's intestacy laws. These laws follow a fixed hierarchy of heirs — generally a surviving spouse and then descendants — regardless of what the deceased person may have wanted. Close friends, unmarried partners, stepchildren who were not legally adopted, and charitable causes receive nothing under intestacy. The probate process still takes place, but the court determines distribution according to statute. Creating a will is the most direct way to ensure your wishes are honored.

Many common assets pass outside of probate and directly to beneficiaries. These include assets held in a revocable living trust, accounts with named beneficiaries (such as retirement accounts, life insurance, and payable-on-death bank accounts), property held in joint tenancy with right of survivorship, and Florida homestead property passing to a surviving spouse or lineal descendants in certain circumstances. Probate applies primarily to assets held solely in the decedent's individual name without a beneficiary designation. Estate planning can be used to strategically reduce or eliminate the need for probate.

Yes, a review is strongly recommended. While many states recognize validly executed out-of-state wills, Florida has specific requirements for certain documents — particularly powers of attorney and health care surrogates — that may differ from the requirements of your prior state. A Florida attorney can review your existing documents, identify any gaps or provisions that do not align with Florida law, and update your plan to ensure it works as intended. Significant life changes such as a move, marriage, divorce, the birth of a child, or the acquisition of substantial assets are all good reasons to revisit your estate plan.

A Last Will and Testament takes effect at death, must go through probate, and becomes a public record. A revocable living trust, by contrast, takes effect during your lifetime, avoids probate entirely, and remains private. Both can direct how your assets are distributed, but trusts offer additional advantages: they can manage assets for minor children or beneficiaries who need ongoing support, provide for disability during your lifetime, and in some cases reduce estate tax exposure. A will is generally simpler and less costly to prepare initially, but a trust can save time, cost, and family difficulty after death. Many clients use both.

A Florida Durable Power of Attorney authorizes a person you designate — your "agent" — to manage your financial and legal affairs on your behalf if you become incapacitated. Without one, a court proceeding may be required to appoint a guardian of your property to handle basic financial matters. A properly drafted Durable Power of Attorney avoids this process and allows your chosen agent to act immediately. It is one of the most important documents in any estate plan, yet one of the most commonly overlooked.

Estate planning costs vary depending on the complexity of your situation. A foundational estate plan — including a will, health care surrogate, durable power of attorney, and related documents — is generally straightforward for an attorney to prepare. Trust-based plans and matters involving business interests, tax planning, or significant assets require more time and carry higher fees. Suncoast Legal is transparent about fees at the outset. We encourage you to schedule a consultation to discuss your needs, at which point we can provide a clear understanding of cost before any work begins.