Fort Myers & Naples Probate Attorneys

We start working for you right away.

We understand the loss of a loved one is a difficult time for you and your family. Additionally, we understand probate is an overwhelming and uncertain process for many. Our experienced team at Osterhout & McKinney, P.A. are here to help you navigate through the probate process. We strive to make this process as smooth as possible for our clients.

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We start working for you right away.

What Is Probate?

Probate is the process of gathering a decedent’s assets, assessing and paying creditors, and making distribution to those entitled to receive the decedent’s property. The entire probate process is overseen by the court. The court will determine whether there is a Last Will and Testament for the deceased person and oversee the process to make sure that their assets are properly administered.

Types Of Probate Administration

  • Summary Administration: a procedure available for the administration of estates under $75,000 or when the decedent has been deceased for more than two years. It avoids the need to appoint a personal representative.
  • Formal Administration: used for all estates when the decedent’s assets subject to probate are over $75,000, or whenever a personal representative is required.

The Probate Process

We will help you determine which type of probate administration is needed and we will walk you through the probate process step by step. The summary administration proceeding typically takes 3 – 4 months. The formal administration proceeding typically takes 6 – 12 months.


Meet Our Attorneys

Why choose our firm


With almost 30 years combined experience in elder law, the lawyers at Osterhout & McKinney, P.A. are committed to providing quality assistance to each and every case.

Transparent Fees

We charge an initial appointment fee of $250. We do this because our first meeting is already starting the work on your legal matters. If you choose to retain us after your initial appointment, we will apply the initial fee to the final bill.

Our Process

The lawyers at Osterhout & McKinney, P.A. start working for you right away. When you initially contact us, we will answer any questions you may have and determine if Osterhoust & McKinney, P.A. provides the right services for your needs. Our intake coordinator will then gather information about your case and set your initial appointment. You will be asked to complete paperwork before your initial appointment and pay the initial appointment fee of $250 so that we can begin working on your case during your first meeting.


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