Hidden Cost of Probate in Orlando

Probate is the court-supervised legal process that occurs after someone dies to (1) identify and collect their assets, (2) settle outstanding debts, and (3) distribute what’s left to heirs or beneficiaries.

In Orlando (and throughout Florida), probate is needed when a deceased person leaves property or accounts titled solely in their name (without beneficiary designations or joint ownership).

Probate is not just a formality, it involves court oversight, deadlines, notices, inventories, reports, and legal filings.

How Long Does Probate Take (and Why It Matters)

One of probate’s biggest drawbacks is time:

For simpler cases (using summary administration), probate can be completed in a few months.
For more complex estates needing formal administration, the process often takes 6 to 12 months, and in some cases may stretch beyond a year.
Delays happen due to creditor claims, disputes in the will, difficulty valuing assets, or missing heirs.

That means your loved ones may be waiting months (or longer) before they can actually access or inherit real estate or bank accounts.

What Does Probate Cost and Who Pays It?

Probate isn’t just time-consuming — it can also be expensive. The costs are paid out of the estate before beneficiaries receive anything.

Common cost components:

Attorney fees, often based on a percentage of the estate’s “probate assets.” Florida law provides a guideline schedule.
Court filing fees and costs for legal notices (e.g. publishing creditor notices)
Executor / personal representative fees (for their work in administering the estate)
Appraisal, accounting, and administration expenses (valuing real estate, hiring accountants, appraisers, etc.)
Extra (or “extraordinary”) services: if disputes arise, tax issues are complex, or litigation is needed

To give some ballpark figures: for estates under $100,000, attorney fees might begin in the low thousands; for larger estates, attorney fees can rise to several percent of the estate’s value.

These costs erode the inheritance your beneficiaries receive.

Why All Wills Still Go Through Probate

One of the most persistent misconceptions is that having a will lets you skip probate. That is false. All wills must be probated. The will is simply your instructions to the court (and the judge) about how you want assets distributed. The probate process is how the court ensures your instructions are carried out.

In other words: the will doesn’t avoid probate — it triggers it.

When someone dies, a court must:

Validate the will
Appoint a personal representative (executor)
Oversee the administration
Enforce the distribution according to your wishes

If your will is contested or ambiguous, probate can become protracted and contentious.

Thus, having a will is necessary, but it is not sufficient to bypass probate delays, costs, and court oversight.

The Hidden Conflict of Interest in Estate Planning

Here’s a candid truth many firms won’t mention:

Many estate planning attorneys also handle probate work. That means their revenue streams often include probate cases.

This creates a potential conflict of interest. If an attorney stands to profit more from handling a probate administration than from steering clients away from it, their incentives may not fully align with you.

At Nasseh Law PLLC, we do things differently: we do not handle probate. Our entire estate planning practice is built around helping clients avoid probate from the outset , not preparing for it.

By refusing to profit from probates, our incentives align entirely with your goal: protecting your family’s inheritance from probate drag and loss.

How Nasseh Law Approaches Estate Planning

Here’s what sets us apart:

Our focus is preventative. We build your estate plan so that your real property, accounts, and investments pass outside probate wherever legally possible.
Since we avoid probate ourselves, you can trust that the strategies we recommend are not just convenient to us. They’re in your best interest.
We tailor plans around your property holdings, family structure, and goals, not generic templates.
We plainly explain tradeoffs, risks, and benefits so you’re in full control of your plan.

We believe your family shouldn’t have to endure the delays and costs of court oversight just to inherit what is rightfully yours.

Tools We Use to Avoid Probate

We use (and will explore further in future articles) several probate-avoidance tools, such as:

Lady Bird Deeds (Enhanced Life Estate Deeds)
Land Trusts
Payable-on-Death (POD) / Transfer-on-Death designations on bank accounts and securities

We won’t dive into the mechanics here; look for upcoming posts where we unpack each tool in depth.

FAQs: Orlando / Florida Probate & Probate Avoidance

Q: How long does probate take in Orlando / Florida?
A: In more complex or formal administration cases, the process often takes 6 to 12 months or more. Simpler estates under summary administration may complete faster, but only in limited circumstances.

Q: What is the cost of probate in Florida?
A: Probate costs vary widely, but may include attorney fees (based on state-statutory guidelines), court filing fees, executor compensation, appraisal and accounting fees, and costs of resolving disputes.

Q: If I have a will, do I avoid probate?
A: No. All wills trigger probate. A will is simply your set of instructions to the court on how to distribute your assets. The probate process ensures those instructions are lawful and enforceable.

Q: Can probate be avoided entirely?
A: Not always, but with proper planning, many or all of your assets can bypass probate using tools like life estate deeds, trusts, beneficiary designations, and joint ownership structures.

Protect Your Family Assets

Probate is more than a legal inconvenience, it’s a hidden tax on your family’s inheritance. Every month delayed and every dollar spent on fees is taken from what should belong to your loved ones.

At Nasseh Law, we take one clear approach: estate planning that avoids probate entirely. We don’t handle probates ourselves, so our only measure of success is protecting your inheritance.

Don’t leave your home, bank accounts, or investments to the court’s delays and expense. Reach out today for a consultation and let us design your plan so your family passes what’s yours, directly, cleanly, and without probate.