Probate attorney in Venice, filing in any Florida county, from the first filing to the final distribution.
When a loved one passes away in Florida, probate is often the court process for transferring the assets they owned in their own name. Spanski Law handles uncontested probate in any Florida county, filed with the Clerk of the Circuit Court where the person lived, and Sarasota County is the home court for Venice and the surrounding communities. Season and her staff guide the personal representative, the person appointed to settle the estate, through each step.
- Filed with
- The Clerk of the Circuit Court in the appropriate Florida county
- Two procedures
- Summary or formal administration
- First step
- A 15-minute call or in-person consultation
What makes Florida law different.
Florida has several rules that differ from those in other states. These are the ones that most often affect families in Venice, throughout Sarasota County, and in communities across Florida.
Summary and formal administration
Florida has two main probate procedures. Summary administration is available for smaller estates, generally $150,000 or less excluding exempt property (raised from $75,000 on July 1, 2026), or when the person passed away more than two years ago. Formal administration is used for most other estates.
The homestead has its own rules
A Florida homestead is generally protected from creditors and often passes outside the probate estate to the surviving spouse or heirs. Handling the homestead correctly is one of the most important parts of a Florida probate.
Personal representative requirements
The person who administers a Florida estate must generally be a Florida resident or a qualifying relative. If the person named in the will cannot serve, an appropriate alternate is identified.
Creditor claim period
In a formal administration, a notice to creditors is published, and creditors generally have three months to file claims. Handling this step correctly protects the estate and the personal representative from late claims.
When there is no will
Florida's intestacy laws determine who inherits. A surviving spouse may inherit everything or share the estate with children, depending on the family, and blended families are often surprised by the result. Season and her staff explain how the law applies before anything is filed.
Assets outside of probate
Jointly owned property, payable-on-death and transfer-on-death accounts, retirement accounts and life insurance with valid beneficiaries, and property held in a trust generally pass outside probate. Identifying these assets is one of the first steps.
Deadlines set by law
Florida probate includes deadlines for notices, the inventory, and closing the estate. Spanski Law tracks each deadline from the day the case is opened.
One firm, start to finish
Every filing, notice, and court deadline is handled by Season and her staff, so your family always knows whom to call.
The filings, explained.
What each document does, and why it matters when your family needs to rely on it.
Petition for Administration
What it doesOpens the probate case and asks the court to appoint the personal representative.
Why it mattersThe first formal step in any probate case.
Letters of Administration
What it doesThe court document that gives the personal representative authority to act on behalf of the estate.
Why it mattersBanks, title companies, and other institutions require them before releasing or transferring assets.
Notice to Creditors
What it doesA published notice that begins the period for creditors to file claims.
Why it mattersHandled correctly, it protects the estate from late claims.
Inventory
What it doesA verified list of the estate's assets and their values.
Why it mattersRequired by Florida law and used to guide distributions.
Homestead Determination
What it doesA petition asking the court to confirm that a home qualifies as protected homestead.
Why it mattersDetermines whether the home passes outside the probate estate, and to whom.
Accounting and Distribution
What it doesShows what the estate received, what was paid, and what remains for the beneficiaries.
Why it mattersCompletes the administration and allows the court to discharge the personal representative.
Who this service is designed for.
Newly appointed personal representatives
You have been named in a will and are not sure where to begin. Spanski Law handles the legal work step by step, so you can focus on your family.
Adult children after a parent's death
You are the family member handling the arrangements. Court filings and creditor notices are handled from the Venice office while you care for your family.
Surviving spouses
Florida law provides specific protections for a surviving spouse, including homestead rights, the elective share, and exempt property. Spanski Law makes sure each one is properly claimed.
Four steps, each explained before it begins.
A 15-minute call or in-person consultation
Season and her staff learn about your situation, identify which assets must go through probate, and explain which procedure applies.
A written agreement and fee estimate
The scope of the work is set out in writing, with a fee estimate, before anything is filed with the court.
Petition, letters, and notices
The case is opened, the personal representative is appointed, and creditor notices and the inventory are completed within the required time periods.
Claims, accounting, and distribution
Valid claims and taxes are paid, the accounting is prepared, and the estate is distributed and closed, releasing the personal representative.
Begin with a complimentary 15-minute call or in-person consultation.
Season works with a paralegal who has been with her for more than ten years, and she stays closely involved in every case. Whoever you speak with first will listen, explain the options that apply to your situation, and, if Spanski Law is not the right fit, suggest where to turn.
- ✓ You will speak with an attorney or paralegal, not an intake screener.
- ✓ A written fee estimate before anything is filed.
- ✓ Guidance grounded in Florida homestead law and Florida probate practice.
Request a consultation
Season or her staff will respond to arrange a time.
- What you need
- A few questions
- How to reach you
How long does probate take in Florida?
Summary administration usually takes one to three months. Formal administration usually takes six to twelve months, which includes the three-month period for creditors to file claims. Estates with complex assets or tax filings may take longer.
Do I need an attorney for probate?
For formal administration, Florida generally requires the personal representative to be represented by an attorney. Summary administration has strict requirements as well, and most families benefit from having an attorney handle the filings correctly.
What is the difference between summary and formal administration?
Summary administration is a simplified procedure for smaller estates, generally $150,000 or less excluding exempt property, or for cases in which the person passed away more than two years ago. Florida raised this limit from $75,000 to $150,000 on July 1, 2026. If the person died before that date, confirm which limit applies to the estate. Formal administration is the standard procedure for most other estates and includes the appointment of a personal representative.
Does Spanski Law handle contested probate?
Spanski Law handles uncontested probate, meaning matters in which the beneficiaries are in agreement and no one is challenging the will. If a dispute appears likely, Season and her staff will tell you during your first conversation.
What happens to the home in probate?
A Florida homestead is subject to special rules. It often passes outside the probate estate to the surviving spouse or heirs and is protected from most creditors, but the court is usually asked to confirm its homestead status.
What if there is no will?
Florida's intestacy laws determine who inherits. The result depends on whether there is a surviving spouse and whether either spouse has children from another relationship. Season and her staff will explain how the law applies to your family before anything is filed.
What should I bring to the first meeting?
If available, bring the original will, a certified copy of the death certificate, a list of the person's assets with approximate values, recent account statements, deeds to any real estate, and information about life insurance and retirement accounts. If you do not have everything, Season and her staff will help you gather what is needed.
How much does probate cost?
The cost depends on the size and complexity of the estate, along with court costs and publication fees. Spanski Law provides a written fee estimate before anything is filed, so your family knows what to expect.
Which Florida counties does Spanski Law file probate in?
Any of them. Florida probate is filed with the Clerk of the Circuit Court in the county where the person lived, and Spanski Law files in every Florida county from its Venice office. Sarasota County is the home court for Venice, Sarasota, North Port, and part of Englewood. Most of the work is handled by phone, email, and mail, so the personal representative does not need to live nearby.
What are my duties as personal representative?
You are responsible for identifying and protecting the estate's assets, notifying creditors, paying valid debts and taxes, keeping accurate records, and distributing the remaining assets as the will or Florida law directs. Spanski Law guides you through each duty in the proper order.
Do I need to travel to Venice for probate?
Usually not. Most probate work is handled through documents and electronic court filings, and family members who live elsewhere can usually participate by phone, email, and mail.
Probate checklist
The Florida Probate Checklist
A one-page checklist of what a Florida probate case needs: the original will, death certificates, the county clerk the case is filed with, and the assets and creditors to gather before the first conversation.
- The original will, and where Florida requires it filed
- Death certificate copies, and how many you will need
- Which Florida county clerk the case is filed with
- Summary vs. formal administration: which one fits
- Personal representative residency rules
- Homestead property and how it is treated
- Asset inventory: accounts, vehicles, real property
- Beneficiary-designated assets that skip probate
- Known creditors and the three-month claim period
- Final income tax and household bills
- Notice of Trust, when a trust is involved
- Documents to bring to the first conversation