Tampa Probate Attorney

A Tampa probate attorney guides personal representatives, beneficiaries, and families through the legal process of settling an estate after a loved one’s death, where missed deadlines, creditor issues, and heir disputes can delay administration for months.

Lopez Law Group represents personal representatives, executors, beneficiaries, and heirs in probate, estate administration, and probate dispute matters throughout Tampa and Hillsborough County. Our attorneys handle formal administration, summary administration, creditor claims, asset distribution, will contests, trust disputes, and the court filings and deadlines required in Florida probate.

Call (727) 933-0015 to discuss your situation and current rates. Consultations for probate matters are paid.

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Table of Contents

• Why Hire a Tampa Probate Attorney at Lopez Law Group?
• How Probate Works in Tampa, Florida
• What Assets Must Go Through Probate in Florida?
• The Role of the Personal Representative in Florida Probate
• Creditor Claims and Estate Debts in Tampa Probate Cases
• Tampa Probate Litigation: Will Contests and Estate Disputes
• Trust Administration, Trust Disputes, and Probate Overlap
• FAQs for Tampa Probate Lawyers
• The Estate Will Not Settle Itself – Lopez Law Group Can Help

Why Hire a Tampa Probate Attorney at Lopez Law Group?

Probate in Florida follows a court-supervised process governed by the Florida Probate Code, and the procedural requirements apply whether the estate is straightforward or complex. Filing deadlines, notice requirements, creditor claim periods, and asset inventories all follow specific statutory timelines. A personal representative who misses a step or handles creditor claims incorrectly may face personal liability for the mistake.

Lopez Law Group’s Tampa probate attorneys handle the legal filings, deadlines, creditor issues, and court process so personal representatives and families can focus on administration, decision-making, and life outside the case.

Our probate attorneys assist with:

• Petitioning the Hillsborough County Probate Division to open an estate and appoint a personal representative
• Identifying estate assets, preparing inventories, and filing required accountings with the court
• Publishing creditor notices and evaluating claims filed against the estate
• Resolving disputes among beneficiaries over asset distribution, will interpretation, or fiduciary conduct
• Distributing assets and closing the estate in compliance with the probate code
• Representing beneficiaries or heirs who believe the estate is being mismanaged

Hillsborough County’s probate division follows its own local procedures and administrative orders alongside the statewide probate rules. Familiarity with how that court operates, from filing requirements to hearing schedules, affects how efficiently an estate moves through the system.

How Probate Works in Tampa, Florida

Probate is the court-supervised process of validating a will, identifying and valuing estate assets, paying creditors, and distributing what remains to the beneficiaries or heirs. Not every estate requires the same level of court involvement. Florida law provides two primary administration tracks, and the size and complexity of the estate determine which one applies.

Formal Probate Administration in Florida

Formal administration is the standard Florida probate process for estates that do not qualify for summary administration. It typically involves appointing a personal representative, identifying and valuing estate assets, addressing creditor claims, and distributing property under court supervision.

Formal administration is commonly required when the estate exceeds the summary-administration limit, when a personal representative needs to act on behalf of the estate, or when the case involves disputes or other complications.

The process often takes several months or longer, depending on the estate’s size, the assets involved, whether creditors file claims, and whether any beneficiaries or other interested parties contest the proceedings. The personal representative owes fiduciary duties to the estate and its beneficiaries throughout the administration.

Summary Administration for Smaller Florida Estates

Summary administration is a shorter Florida probate process available in two main situations: when the value of the estate subject to administration in Florida, minus exempt property, does not exceed $75,000, or when the decedent has been dead for more than two years. Unlike formal administration, summary administration generally does not involve appointing a personal representative.

Even though summary administration is more streamlined, it still requires a court petition and compliance with Florida probate procedures. It is not automatic, and filing errors or complications can still cause delays or make formal administration the better fit in some cases.

Note on the upcoming change: Florida’s current published statute still uses the $75,000 threshold. The Florida Legislature passed CS/HB 1337 in 2026, which provides for raising that cap to $150,000 effective July 1, 2026

Probate in Tampa When There Is No Will

When someone dies without a valid will, Florida’s intestacy statutes determine who inherits the estate assets. The distribution follows a statutory hierarchy based on family relationships, starting with the surviving spouse and descendants. If no spouse or descendants exist, the statute extends to parents, siblings, and more distant relatives in a defined order.

Intestate estates still go through probate. The court appoints a personal representative based on the statutory priority, and the administration process follows the same procedural requirements as estates with a will.

What Assets Must Go Through Probate in Florida?

Not every asset the decedent owned passes through probate. Some transfer automatically by operation of law or contract, regardless of what the will says. Knowing the difference affects the scope of the administration and what the personal representative is responsible for managing.

Assets that typically require probate include:

• Real property titled solely in the decedent’s name
• Bank and investment accounts with no beneficiary designation, payable-on-death provision, or joint owner
• Business interests owned individually
• Personal property of significant value, including vehicles titled only to the decedent

Assets that generally bypass probate include:

• Property held jointly with rights of survivorship, which passes automatically to the surviving owner
• Life insurance policies, retirement accounts, and annuities with named beneficiaries
• Assets held in a properly funded trust
• Accounts with payable-on-death or transfer-on-death designations

The line between probate and non-probate assets is not always obvious. Identifying which assets require probate and which do not is one of the first tasks in administration, and getting it wrong may delay distributions or create disputes with financial institutions and beneficiaries.

The Role of the Personal Representative in Florida Probate

The personal representative is the person appointed by the court to manage the estate through probate. If the decedent’s will names an executor, that person typically petitions for appointment. In intestate estates, Florida law establishes a priority list for who may serve.

Duties and Potential Liability

The personal representative’s responsibilities are significant and carry legal consequences. Those duties include:

• Locating and securing all estate assets, from real property and financial accounts to personal belongings with value
• Filing an inventory with the court within 60 days of appointment
• Publishing a notice to creditors in a local newspaper and serving known creditors directly
• Reviewing and objecting to creditor claims that are invalid, overstated, or untimely
• Paying valid debts, taxes, and administrative expenses from estate funds
• Distributing remaining assets to beneficiaries according to the will or Florida’s intestacy statutes
• Filing a final accounting with the court before the estate may be closed

A personal representative who fails to meet these obligations, mismanages estate funds, or distributes assets before resolving creditor claims may be held personally liable.

A probate attorney handles the procedural and legal details at each stage, reducing the risk of errors that create personal liability for the representative and delays that cost the estate money. Contact Lopez Law Group at (727) 933-0015.

Creditor Claims and Estate Debts in Tampa Probate Cases

Creditor claims are one of the most procedurally demanding parts of probate. Florida law requires the personal representative to publish a notice to creditors, which starts a three-month claims period. Known or reasonably ascertainable creditors must also receive direct written notice, which triggers a shorter 30-day response window.

Evaluating and Objecting to Claims

Not every creditor claim is valid. Some are inflated, some are barred by the statute of limitations, and some are filed after the claims period has expired. The personal representative has an obligation to review each claim and object to those that lack a legal basis.

Distributing estate assets before the creditor claims period closes, or paying a disputed claim without proper review, creates liability for the personal representative and may shortchange the beneficiaries. An attorney evaluates each claim against the estate’s obligations and the applicable legal standards before recommending payment or filing an objection.

When Debts Exceed Assets

When an estate’s debts exceed its assets, Florida law establishes a priority order for paying claims. Not all creditors receive full payment, and some may receive nothing. The personal representative must follow the statutory priority to avoid personal liability for paying lower-priority claims ahead of higher-priority ones.

Tampa Probate Litigation: Will Contests and Estate Disputes

Not every probate proceeding is cooperative. Disputes arise among family members, between beneficiaries and personal representatives, and between the estate and outside parties. These disputes can freeze the administration process and significantly increase the cost of settling an estate. Will contests are among the most common and disruptive of these disputes.

Grounds for Contesting a Will in Florida

Florida law allows interested parties to challenge the validity of a will on specific legal grounds. Common bases for a will contest include:

• Lack of testamentary capacity, meaning the decedent did not understand the nature and extent of their assets or the effect of signing the will
• Undue influence, where someone in a position of trust pressured the decedent into making or changing the will
• Improper execution, meaning the will does not meet Florida’s statutory requirements for valid execution, including witness and signature requirements
• Fraud or duress affecting the decedent’s decisions about the will’s contents

Will contests must be filed within the timeframe established by Florida law after the will is admitted to probate. Missing that deadline may waive the right to challenge the will regardless of the merits.

Disputes Over Personal Representative Conduct

Beneficiaries who believe the personal representative is mismanaging the estate, delaying distributions without justification, or acting in their own interest rather than the estate’s have legal remedies under the probate code. Those remedies may include petitioning the court to compel an accounting, surcharge the personal representative for losses caused by mismanagement, or remove the personal representative and appoint a replacement.

Beneficiary Disputes

Disagreements among beneficiaries over the interpretation of will provisions, the valuation of specific assets, or the fairness of distributions can escalate quickly. These disputes often involve family dynamics that predate the decedent’s death and intensify under the pressure of probate. Early legal involvement may resolve these disagreements through negotiation before they reach the courtroom.

Trust Administration, Trust Disputes, and Probate Overlap

Not all estate matters go through probate. Assets held in a trust pass according to the trust terms without court supervision, but the trustee still has fiduciary obligations to the beneficiaries. When a trustee fails to meet those obligations, or when beneficiaries disagree about how the trust should be administered, legal disputes follow.

However, having a trust does not always eliminate the need for probate. If the decedent owned assets that were never transferred into the trust during their lifetime, those assets remain outside the trust’s reach. Common examples include:

• Real property titled solely in the decedent’s name that was never deeded to the trust
• Bank or investment accounts without beneficiary designations or payable-on-death provisions
• Vehicles that were never retitled to the trust
• Personal property of significant value that the trust documents do not address
• Assets acquired after the trust was created that the decedent never funded into it

This situation is more common than most families expect, and the gaps often surface only after the death occurs. A probate proceeding may be necessary to transfer those assets into the trust or distribute them to the intended beneficiaries.

Lopez Law Group represents trustees navigating their administrative duties, beneficiaries who believe a trust is being mishandled, and families dealing with estates that require both trust administration and probate to fully settle the decedent’s affairs. Trust disputes may involve challenges to the trust’s validity, allegations of trustee misconduct, disagreements over distribution timing, or conflicts between current and remainder beneficiaries.

FAQs for Tampa Probate Lawyers

Do All Estates in Florida Have to Go Through Probate?

Not all estates have to go through probate. Some estates consist entirely of assets that transfer automatically, such as jointly held property, accounts with beneficiary designations, and funded trust assets. Those estates may not require probate at all. Smaller estates that do contain probate assets may qualify for summary administration. Whether probate is necessary depends on how the decedent’s assets were titled and structured.

Can a Trust Keep an Estate Out of Probate in Florida?

Only if the trust was properly funded. Assets the decedent transferred into the trust during their lifetime pass according to the trust terms without court involvement. Assets that were never moved into the trust, including real property still titled in the decedent’s individual name or accounts without updated designations, may still require a probate proceeding to reach the intended beneficiaries.

Do I Need a Probate Attorney in Florida?

Florida law generally requires estates in formal administration to be represented by a Florida-licensed attorney unless the personal representative remains the sole interested person. Even when legal representation is not technically required, the procedural complexity and potential personal liability make attorney involvement a practical decision for most estates.

Can a Beneficiary Challenge How the Estate Is Being Managed?

Yes. Florida law provides beneficiaries with the right to petition the court for accountings, challenge the personal representative’s decisions, and seek removal of a personal representative who is not fulfilling their fiduciary duties. Acting promptly and documenting concerns strengthens the beneficiary’s position.

What Happens If Someone Contests the Will?

A will contest triggers a litigation process within the probate proceeding. The court evaluates the evidence on the specific grounds raised, which may include lack of capacity, undue influence, or improper execution. The estate administration may be paused or partially frozen while the contest is resolved.

The Estate Will Not Settle Itself – Lopez Law Group Can Help

Probate demands attention to deadlines, fiduciary obligations, and procedural requirements that do not pause for grief. Whether you have been named as a personal representative, are a beneficiary with concerns about how an estate is being handled, or need to contest a will, our attorneys provide the direction the process requires.

Lopez Law Group’s probate attorneys serve families and personal representatives throughout Tampa and Hillsborough County. Call (727) 933-0015 to discuss your situation, current rates, and next steps.

CALL FOR A CASE EVALUATION