For better justice

Port St. Lucie
Probate Lawyer

Trusted Probate Lawyer in Port Saint Lucie at Garcia Law, PL

What happens when someone dies without a will? In Florida, probate laws require that estates go through probate court in almost every case. During these cases, the court will then determine how the state will be divided among family members and loved ones. Additionally, a probate attorney is required to represent you in probate court in almost every instance.

If this is a situation you have found yourself in, trust the probate lawyers in Port Saint Lucie at Garcia Law, PL, to represent you and advocate for your best interests in the process. 

Probate attorneys represent individuals, heirs, beneficiaries, executors, and trustees during the probate litigation process. In addition to representing you in probate court, a probate lawyer can serve a number of purposes for the clients they represent.

Probate litigation attorneys will advocate on your behalf while also ensuring you adhere to the strict rules and deadlines associated with the probate process. 

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What Happens if Someone Dies Without a Will in Florida?

Each state has different laws regarding how estates are handled when someone dies without a will. In Florida, the property will need to be probated during a legal process supervised by the court if the deceased person has assets in their name. However, it isn’t only when someone dies without a will that a probate may be necessary. There are also instances when wills are incomplete, if beneficiaries contest wills if there is property unaccounted for in estate planning and more.

Types of Probate in Florida

Formal Administration

This is also known as a formal probate and it is the standard, most common form of probate in Florida. Administration takes place in the local Circuit Court of the County where the decedent lives at the time of their death.

Summary Administration

If the total value of property/assets going through probate court is valued at $75,000 or less or if it involves a death that occurred more than two years ago, a type of probate known as Summary Administration may be used.

Disposition Without Administration

In some cases, a probate hearing may be skipped altogether due to certain circumstances, including if the only assets available for probate are valued at less than the amount of final expenses after probate or if the deceased person did not have any real estate assets.

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Probate Law in Florida

We understand that not only is probate law a complicated topic in Florida, but it is also one that comes with a lot of emotion, particularly when assets are being fought over and families become divided. When you work with the probate lawyers at Garcia Law, PL, we can take care of the legal aspects of this process so you can focus on your own well-being during one of the most difficult times in your life.


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1922 SE Port Saint Lucie Blvd., Port Saint Lucie, FL 34952

(772) 871-6441

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