Probate Attorney Serving Pinellas County, Florida

Pinellas County probate matters are filed in the Probate Division of the Sixth Judicial Circuit Court, located at the Pinellas County Justice Center, 14250 49th Street North, Clearwater, FL 33762. Most probate proceedings do not require the personal representative or beneficiaries to appear in court in person — the process is handled through attorney filings — but all documents must comply with the court's local rules and procedures.

It depends on the type of proceeding. Summary Administration — available for estates with $150,000 or less in probate assets, or when the decedent has been deceased for more than two years — can often be completed in four to eight weeks if 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, tax issues, or estates with complex assets can extend the timeline further.

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

Summary Administration is a streamlined process available when the estate's probate assets total $150,000 or less, or when the decedent has been deceased for more than two years. It does not require the appointment of a personal representative and is generally faster and less expensive. Formal Administration is required for larger or more complex estates. It involves appointing a personal representative, publishing a Notice to Creditors, managing a creditor claims period, filing an inventory, and ultimately distributing the estate under court supervision. An attorney can advise which process applies based on the specifics of your situation.

If a Pinellas County resident dies without a valid will, their estate is distributed according to Florida's intestacy laws. These laws follow a fixed hierarchy — generally a surviving spouse first, then descendants — regardless of what the deceased person may have wished. Close friends, unmarried partners, stepchildren who were not legally adopted, and charitable causes receive nothing under intestacy. The probate process still takes place through the Sixth Judicial Circuit Court, but the court determines distribution according to statute rather than the decedent's wishes.

Many common assets pass outside of probate entirely. These include assets held in a revocable living trust, accounts with named beneficiaries (retirement accounts, life insurance, payable-on-death and transfer-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. One of the first steps in any estate administration is identifying which assets are subject to probate and which are not.

A personal representative — called an executor in some other states — is the court-appointed individual responsible for administering the estate through Formal Administration. Their duties include filing the petition to open probate, publishing a Notice to Creditors, inventorying estate assets, managing and protecting those assets during the proceeding, addressing creditor claims, filing required court documents, and ultimately distributing the estate to beneficiaries. Personal representatives have fiduciary duties to the estate and can be held personally liable for improper actions. Working with an attorney throughout the process is essential.

Probate costs in Pinellas County include court filing fees, attorney fees, and in some cases publication fees for the Notice to Creditors. Florida law provides a statutory fee schedule for attorney compensation in probate matters, based on a percentage of the estate's value — though attorneys and clients may also agree to other fee arrangements. Summary Administration is generally less expensive than Formal Administration due to its simpler process. The total cost varies depending on the size and complexity of the estate, whether there are creditor disputes, and how well-organized the estate's records are.

The process begins with gathering key documents: the original will (if one exists), the death certificate, and an initial inventory of the decedent's assets and debts. An attorney will then prepare and file a petition with the Pinellas County Probate Court — either a Petition for Summary Administration or a Petition for Administration, depending on which process applies. The court will issue letters of administration (or a summary administration order), which gives the personal representative the legal authority to act on behalf of the estate. Most families find it helpful to consult with an attorney as soon as possible after a death to understand what steps are required.