How long will probate take, and what will it cost? Florida families ask John Marshall those two questions constantly, and the answers hinge on details most people never consider until a parent dies. In this episode, John explains the difference between testate and intestate estates, when an estate qualifies for summary probate under the $150,000 threshold, and why a Florida homestead usually stays out of the probate estate.
He walks through the four phases of formal probate, from appointing a personal representative to closing the estate. He also shares cases that stretched the timeline: a beneficiary who keeps moving without notice, a parent’s assets locked behind email passwords, and a Michigan will that added over two months. Then he explains why waiting out Florida’s two-year creditor window can leave more money for the family.
Families who plan for probate pay less and wait less, and John shows where to start.
In this episode, you will hear:
- How a testate estate differs from an intestate one, and why that decides who inherits
- Florida’s rules on who can serve as personal representative, including the residency requirement for non-relatives
- When an estate qualifies for summary probate under the $150,000 threshold
- Why Florida homestead property usually passes outside the probate estate
- How emailed bank statements and lost passwords leave assets undiscovered
- The four phases of formal probate and how long each one takes
- Waiting out the two-year creditor window to keep more money in the family
Resources from this Episode
Get Your Free Guide – Florida homestead law works differently from the state you came from. This free guide covers the five assumptions that cost families here the most: https://go.marshalllawpa.com/optin
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