In short: The most expensive Florida probate myths: that a will avoids probate (it guarantees it), that the court will protect you if you stay quiet (deadlines run whether you act or not), that the personal representative answers to no one (they are fiduciaries who must account), and that family will inherit fairly without a plan (intestacy rules decide).
Most of the expensive mistakes I see in probate come from things people believed were true.
Myth 1: "I have a will, so my family avoids probate."
A will only works in one place: a probate courtroom. Banks and title companies don’t act on a will; a judge’s order does. Whoever holds the original must deposit it with the clerk within 10 days after learning of the death (§ 732.901). If avoiding probate is the goal, the tools are proper titling, beneficiary designations, lady bird deeds, and funded trusts.
Myth 2: "The court will protect me."
Probate courts decide what is put in front of them. If you are served with a notice of administration, you have 3 months to object to the will’s validity, venue, or jurisdiction (§ 733.212). Creditors have their own deadlines (§ 733.702). Silence costs rights.
Myth 3: "The executor is in charge and answers to no one."
In Florida, the executor is the personal representative, and the role is a fiduciary job. A personal representative’s fiduciary duty is the same as a trustee’s, and they are liable for losses caused by a breach (§ 733.609). They must inventory, account, and can be removed (§ 733.504).
Myth 4: "Without a will, the family will work it out."
Without a will, Florida’s intestacy statutes decide. A surviving spouse may receive only half when the decedent had children from another relationship (§ 732.102). Stepchildren and unmarried partners receive nothing by intestacy. "Fair" has nothing to do with it.
Myth 5: "Probate costs a fixed percentage."
There is no mandatory statutory attorney fee. Florida has a fee schedule that is presumed reasonable for ordinary services, but an attorney who intends to charge based on that schedule must disclose in writing that there is no mandatory fee and that the fee is negotiable (§ 733.6171(2)(b)). The biggest cost driver is conflict.
Myth 6: "I can’t see what’s happening in the case."
Most Florida clerks have online dockets. Follow your own case. Read the filings. Probate is public record.
Myth 7: "We know where all the assets are."
Today’s estates are scattered across banks, brokerages, insurers, and digital accounts. Missing assets are one of the most common sources of delay. Start the search early.
Watch: the videos behind this article
If you have a will… you’re already in probate ”Most Floridians believe a will avoids probate.
Florida Probate Secrets Lawyers Don’t Usually Tell Clients
These 3 Mistakes Make Florida Probate Cases Expensive!
Here’s why probate is expensive in Florida | Probate Attorney Explains
Florida probate cases are collapsing for one shocking reason.
More Short Videos on This Issue
Go Deeper
- Does a Will Avoid Probate in Florida? No. Here’s What a Will Actually Does
- How Much Does Probate Cost in Florida? The Statutory Fee Schedule, With the Math
- Probate Is Public Record, and Yes, Everyone Can See It
Frequently Asked Questions
Does having a will avoid probate in Florida?
No. A will is carried out through probate. Avoiding probate requires assets that pass outside it, such as properly titled accounts, beneficiary designations, lady bird deeds, and funded trusts.
Is there a set attorney fee for Florida probate?
No. Florida has a fee schedule presumed reasonable for ordinary services, but there is no mandatory fee, and attorneys using the schedule must disclose in writing that the fee is negotiable (§ 733.6171).
Who inherits in Florida if there is no will?
Florida’s intestacy statutes decide. A surviving spouse inherits all or half depending on the children involved (§ 732.102); stepchildren and unmarried partners don’t inherit by intestacy.
Does an executor have to account to beneficiaries in Florida?
Yes. A personal representative is a fiduciary with the same duty as a trustee, must inventory and account, and can be removed for cause (§§ 733.609, 733.504).
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, and will disputes from St. Petersburg. If you need a probate lawyer in St. Petersburg for a Florida estate, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
