Free Probate Complexity Assessment | The Siegel Law Group
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Lost Someone Without
a Will? Don't Wait.
$15,000+
minimum attorney fees to probate a $500,000 Florida estate — and that's before court costs, appraisal fees, and months of delay. Florida Statute §733.6171 sets attorney compensation at 3% of the estate's value. Most families don't know this until it's too late.
Source: Florida Statute §733.6171 — Compensation of Attorney for Personal Representative
10 questions. Free. Find out how complex your probate situation actually is — and what The Siegel Law Group can do to protect your family's time, money, and sanity.
10 quick questions. Completely confidential. You'll receive an instant complexity assessment with specific next steps — and find out exactly what Florida probate means for your family.
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Case Complexity
Assessing...
Question 1 of 10 — Your Role
1
What is your relationship to the estate you're dealing with?
This determines your legal standing and obligations under Florida law — and how urgently you need to act.
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I was named executor (personal representative) in the willYou have specific legal duties that begin immediately — and personal liability if you get them wrong
👨👩👧
I am a beneficiary or heir — not the executorYou have legal rights to information and timely distributions that executors are often slow to honor
❓
There was no will — I'm trying to figure out what happens nextFlorida intestacy law controls everything, and someone must petition the court to be appointed administrator
⚠️
I received a notice of probate proceedings or a creditor claimYou have strict, non-extendable deadlines to respond — missing them can permanently waive your rights
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Question 2 of 10 — Estate Documents
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What estate planning documents did the person who passed leave behind?
The documents — or lack of them — determine which legal process applies and how long it will take.
✅
A funded revocable living trust — assets were transferred into itProbate may be avoided entirely — the trust controls distribution privately and quickly
📄
A will — but no trustThe will must be filed with the probate court — full formal administration likely required
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No will and no trust — nothing was left behindFlorida intestacy statutes control everything — court appoints an administrator, family members may disagree on who
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I'm not sure what documents exist or where they areA very common situation — locating and validating documents is often the first legal challenge
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Question 3 of 10 — Estate Size
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Approximately what is the total value of the estate — real estate, accounts, investments, and personal property combined?
Under Florida Statute §733.6171, attorney fees in probate are calculated as a percentage of the estate. Knowing the size tells you what probate is likely to cost.
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Under $75,000Summary administration may be available — a faster, less expensive alternative to formal probate
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$75,000 – $300,000Formal administration likely required — attorney fees run approximately $2,250–$9,000 under the statutory schedule
💵💵
$300,000 – $1 millionStatutory fees of $9,000–$30,000 — plus additional fees for real estate, contested issues, or business interests
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Over $1 millionComplex administration with significant fee exposure — creditor claims, tax filings, and multi-asset coordination are common
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Question 4 of 10 — Florida Real Estate
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Does the estate include real estate in Florida titled in the deceased's name alone?
Florida real property titled in a deceased person's name alone cannot be sold, transferred, or refinanced until the probate court clears title. This is often the most time-sensitive issue families face.
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Yes — a primary residence (homestead property)Florida's Homestead Law creates specific inheritance rules that can override a will — and affect who can live in or sell the home
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Yes — non-homestead property (rental, vacation, land, or commercial)No homestead complications, but title must still be cleared through probate before any transfer or sale
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Yes — both homestead and other propertyMultiple property types require separate handling and significantly extend the probate timeline
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No — no Florida real estate in the estateProbate may still be required for other assets, but without real property the process is generally simpler
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Question 5 of 10 — Timing
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How long ago did the person pass away?
Florida probate has strict creditor claim windows and filing deadlines. The longer you wait, the more complicated — and expensive — the process can become.
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Within the last 30 daysEarly stage — key decisions about the probate process and asset protection can still be made proactively
🗓️
1 to 6 months agoThe creditor claim window is open — moving quickly limits the family's exposure to unexpected claims
⏳
6 months to 2 years agoThe estate may have complications from delayed action — some deadlines may have already passed
⚠️
More than 2 years ago — or I am not sureA long-delayed estate can face significant legal hurdles — including missing heirs, stale claims, and title issues
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Question 6 of 10 — Family Dynamics
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Are there any family disagreements or potential disputes about this estate?
Contested probates are among the most expensive and emotionally damaging legal proceedings a family can go through. Early legal intervention often prevents them entirely.
🤝
No — the family is aligned and there are no disputesGreat — keeping it that way requires the process be handled correctly from the start
😬
Some tension — but nothing formal yetTension during probate often escalates quickly without neutral legal management
💍
Blended family — stepchildren, second spouse, or competing heirs involvedFlorida's elective share and intestacy laws create frequent conflicts in blended family estates
⚔️
Active dispute — someone is threatening to contest the will or challenge distributionsWill contests in Florida require specific grounds and have strict filing deadlines — legal representation is essential immediately
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Question 7 of 10 — Debts & Creditors
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Are you aware of any significant debts, creditor claims, or liens against the estate?
In Florida, creditors must be formally notified and given a window to file claims. Debts that aren't handled in the correct order can expose the personal representative to personal liability.
✅
No significant debts — the estate is largely unencumberedStandard creditor notice process applies — typically a 90-day publication period
🏠
A mortgage — but no other major debtsThe mortgage must be addressed before property can transfer — payoff or assumption options exist
💳
Significant debts — credit cards, medical bills, personal loans, or business obligationsPriority rules under Florida law determine which debts get paid first — and which heirs may receive less than expected
🏥
Medicaid or nursing home costs — the state may have a recovery claimFlorida's Medicaid Estate Recovery Program (MERP) can file claims against the estate for benefits paid — this requires specialized handling
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I'm not sure what debts existOne of the first tasks in probate is identifying all claims — the personal representative has a legal duty to do this
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Question 8 of 10 — Business or Complex Assets
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Did the deceased own any of the following?
Business interests, out-of-state property, and certain financial instruments create additional layers that require specialized handling during probate.
✅
None of the below — primarily cash, standard accounts, and Florida real estateSimpler asset profile — standard Florida probate process applies
🏢
A business, LLC, or ownership interest in a companyBusiness interests must be valued, managed, and transferred carefully — operations often cannot stop during probate
✈️
Real estate or titled property in another stateOut-of-state property requires ancillary probate proceedings in that state — a separate court process
📈
Significant investment accounts, brokerage accounts, or annuitiesBeneficiary designation mismatches, transfer-on-death issues, and tax consequences require careful coordination
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Multiple of the aboveMulti-asset estates are the most complex and time-consuming probate situations — experienced guidance is essential
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Question 9 of 10 — Actions Already Taken
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Has anyone already taken any action with the estate's assets since the person passed?
Actions taken before probate is properly opened can create personal liability — even when done with good intentions. Knowing what has happened helps us advise you correctly.
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Nothing — no assets have been moved, sold, or distributed yetGood — you're starting with a clean slate and can proceed through proper legal channels
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Estate funds were used to pay bills or funeral expensesCommon and generally defensible — but documentation of every payment is essential
⚠️
Assets or belongings were distributed among family members before probate was openedThis can create significant legal problems — creditors, taxing authorities, and excluded heirs may have valid claims
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Property or accounts were sold or transferred without court approvalUnauthorized transfers during probate can expose the person who acted to personal liability — this needs immediate legal review
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Question 10 of 10 — What You Need Most
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What is your most pressing concern right now?
This helps us make sure your free consultation addresses exactly what matters most to you — and that the right attorney on our team is prepared for your specific situation.
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Speed — I need to get this resolved as quickly as possibleCertain probate tracks (summary administration, disposition without administration) can significantly shorten timelines
💰
Cost — I want to minimize what probate takes from the estateUnderstanding your fee exposure and all available options is the first step to keeping costs down
🛡️
Protection — I am the executor and I want to make sure I don't make a mistakePersonal representative liability is real — knowing what you can and cannot do protects you personally
👨👩👧
Family peace — I want this handled fairly without tearing the family apartA neutral, experienced probate attorney often de-escalates family tensions that self-managed estates make worse
🔍
Understanding — I just want to know what the process looks like and what I'm facingA free consultation gives you a complete picture before you commit to anything
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Assessing...
Your Probate Assessment
Probate Complexity Assessment
Based on your answers, here is how complex your Florida probate situation is — and what you should do next.
