Do I need probate in Florida if there is a will?

Yes. Even if a will exists, Florida law usually requires probate to transfer property and clear title to the rightful beneficiaries. At Barnes Walker, our attorneys handle every step—from filing the will with the court to distributing assets—so families in Sarasota and Manatee can move forward with confidence. We’ll review your situation and confirm whether summary or formal administration applies to your estate.

Can I challenge a will or trust in Florida?

Yes, but deadlines are strict. You can contest a will or trust for reasons such as lack of capacity, undue influence, or errors in how it was signed. Barnes Walker’s probate litigation attorneys regularly handle these challenges in Sarasota and Manatee and throughout Florida, reviewing documents quickly to protect your rights before time runs out.

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Q: How long does probate take in Florida?

The timeframe depends on the estate’s complexity and whether disputes arise. In Sarasota and Manatee counties, simple summary administrations can finish in two to four months, while formal probates often take six to twelve months. Barnes Walker keeps clients informed at every milestone and works closely with the court to avoid unnecessary delays.

Helping Sarasota County Families Navigate the Probate Process.

The loss of a family member is a difficult time. For families in Sarasota, settling an estate means working with the Sarasota County court system. Our experienced probate attorneys at the Barnes Walker office on Ringling Boulevard are here to provide clear guidance and compassionate representation to navigate this process efficiently.

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What Is Probate?

Our highly recommended Sarasota probate attorneys will help you navigate through this time with care and expertise to help you through this process.

The primary purpose of probate is to ensure that your loved one’s final debts and taxes are paid and that their remaining assets are legally transferred to the correct heirs, either according to their will or, if no will exists, according to Florida law.

While very simple estates may not require legal counsel, a probate attorney is essential in most cases. We ensure all complex legal documents are filed correctly and on time, protect the executor from personal liability, and help prevent costly mistakes or family disputes that can arise during this stressful time.

Our team will help you determine the necessary steps, whether it’s a formal administration through the Sarasota County Clerk of Court or a simpler summary administration.

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Our Probate Administration Services: We Handle Every Step

From our law office in Sarasota, we provide a complete range of probate and estate administration services to clients throughout Sarasota County, including:

Filing the petition with the court to open the probate case.
Legally notifying all heirs, beneficiaries, and potential creditors.
Identifying, inventorying, and appraising all estate assets.
Managing the estate’s finances, including paying final bills and taxes.
Responding to and resolving creditor claims against the estate.
Coordinating the sale of estate property, such as real estate.
Preparing and filing all necessary court documents and accountings.
Distributing the remaining assets to the rightful heirs and beneficiaries.
Filing the final petitions to formally close the estate.

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The Probate Process in Sarasota: A Clear Overview

Sarasota, Longboat Key, and Siesta Key are popular destinations for out-of-state residents who own second homes.

If your loved one was not a Florida resident but owned a condo or other property here, Florida law requires a separate ‘ancillary probate.’

Our attorneys are highly skilled in managing ancillary probate for out-of-state executors with assets in Sarasota County.

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Sarasota Location

Sarasota Office:
1776 Ringling Blvd
Sarasota, FL 34236

Sarasota Probate FAQ’s

Where is the probate court in Sarasota?

Probate matters for Sarasota County residents are handled by the Sarasota County Clerk of Court. The main historic courthouse is located at 2000 Main Street, with the Judge Lynn N. Silvertooth Judicial Center located at 2002 Ringling Blvd. Our office is conveniently located nearby, and our attorneys are at these courthouses regularly on behalf of our clients.

How long does probate take in Florida?

The timeframe varies, but a straightforward estate in Florida typically takes anywhere from six months to a year to complete. Complex estates with significant assets, disputes, or tax issues can take longer.

How much does a probate attorney cost?

Legal fees can be structured in a few ways: as a flat fee, an hourly rate, or a percentage of the estate’s value, as permitted by Florida law. We are transparent about our fees and will discuss the best option for your situation during our consultation.

What happens if there is no will (intestate)?

If a person passes away without a valid will (known as dying “intestate”), Florida law provides a clear “line of succession” to determine who inherits the assets. We guide families through this process to ensure the law is followed correctly.