Probate in St. Augustine, FL: E.P.P.G. Law of St. Johns Explains When You Need It—And When You Don’t
St. Augustine, United States – September 5, 2025 / E.P.P.G. Law of St. Johns /
Losing a loved one is difficult enough without having to figure out the legal side of things alone. One of the first questions families in Florida often ask is: Do I really need to go through probate? At E.P.P.G. Law of St. Johns, attorney Heather Maltby works with families to make this decision easier and clearer.
Whether you’re the personal representative of an estate or someone simply trying to understand the next steps, knowing how probate in St. Augustine, FL, works—and when it’s required—can save time, stress, and confusion.
What Is Probate, and Why Does It Matter?
Probate is the legal process that settles a person’s estate after they’ve passed. It gives structure to things like paying debts, transferring property, and making sure beneficiaries receive what was left to them. It also provides a legal path for handling any issues that might come up during this process.
In Florida, the court decides which probate path to follow based on a few key details—mainly the estate’s value and whether the person owned property in more than one state.
When Probate Is Usually Required in St. Augustine
If your loved one passed with assets in their name only—like a house, bank account, or vehicle—there’s a good chance probate is necessary to legally transfer those items. Some examples include:
- A home in St. Augustine with no co-owner listed
- A bank account without a named beneficiary
- Personal belongings that need to be distributed
Probate also helps resolve any debts or taxes the estate might owe. Without it, beneficiaries could end up responsible for more than expected, or delays could hold up the transfer of property.
When Probate Might Not Be Necessary
There are situations where probate may be avoided, depending on how the estate was set up. Some assets pass outside of probate by design. These include:
- Jointly owned property with rights of survivorship
- Life insurance policies with named beneficiaries
- Retirement accounts with a designated recipient
- Trust-owned assets
If all of someone’s assets fall into these categories, probate might not be needed at all.
However, every situation is unique. That’s why it’s important to take a full look at the estate before assuming you can skip it.
Understanding the Types of Probate in Florida
Florida has three main probate options. Knowing which one fits your situation can give you a better idea of what to expect:
1. Formal Administration
This is the most common form of probate. It’s used when an estate is worth more than $75,000. A personal representative is appointed, and the process is closely supervised by the court.
2. Summary Administration
This option is faster and is used when the estate is valued under $75,000, or if the person has been deceased for more than two years. It doesn’t require a personal representative and usually moves more quickly through the court.
3. Ancillary Administration
If your loved one wasn’t a Florida resident but owned property here, this type of probate is used alongside their home state’s process. It’s common for families who live elsewhere but have vacation homes or land in St. Augustine.
Do You Need Probate? Request a Consultation With E.P.P.G. Law of St. Johns
If you’re unsure whether probate applies to your situation, it’s better to get clarity now than face issues later. Request a consultation with E.P.P.G. Law of St. Johns today. They will walk through your options and help you move forward with confidence in probate in St. Augustine, FL.
Contact Information:
E.P.P.G. Law of St. Johns
200 Malaga St #2
St. Augustine, FL 32084
United States
Contact E.P.P.G. Law of St. Johns
(904) 875-3774
https://www.eppglaw.com/
