Blog Posts - Probate
What Happens When an Estate is Insolvent in Florida?
An insolvent estate is one in which the decedent, or the person who passed, leaves behind more debt than assets, meaning the estate amounts to bankruptcy. Ultimately, debts don’t simply disappear when a debtor dies, and the creditors who own these debts have the right to file a claim against...
Continue ReadingProbate for Snowbirds: Owning Property in Florida and Another State
Without proper planning, owning property in South Florida and in another state, as many snowbirds do, can lead to what is often called the double probate trap for your family. The process requires a primary probate in your home state and an ancillary probate in Florida. There are, however, steps...
Continue ReadingHow to Transfer a Vehicle after Death in Florida
If you’ve lost someone very close to you, you’re facing an emotional journey forward that is made more challenging by the probate process. The matter of transferring your loved one’s vehicle, however, is allowed outside the formal probate process in Florida, which can save you time, effort, and money. And...
Continue ReadingCan a Will Be Changed after Someone Dies in Florida?
A will generally can’t be changed after the testator has died in Florida. This is because wills are a primary estate planning tool that we rely on to ensure our wishes will be upheld upon death. While we all have the right to change our wills at any point during...
Continue ReadingCommon Probate Mistakes Families Make in Florida
Losing a loved one is difficult enough without the added stress of navigating Florida’s probate process. Unfortunately, many families make avoidable mistakes that end up being costly and time intensive to fix. Whether you have just been named personal representative or are helping a parent settle a sibling’s estate, knowing...
Continue ReadingWhat Happens if the Original Will Cannot Be Found in Florida?
If you have been named as the personal representative of a loved one’s estate, you may wonder what you should do if the original will cannot be located. When the original will was in the testator’s possession, the court presumes that the testator intentionally destroyed or revoked its contents. Simply...
Continue ReadingWhat Assets Are Protected from Creditors During Florida Probate?
Probate is the legal process of settling an estate following a person’s death. During the probate process, an accounting of estate assets takes place, debts and taxes are paid, and the remaining property is distributed to beneficiaries. When an estate does not have sufficient funds to pay creditors, assets may...
Continue ReadingHow Probate Works When There is No Surviving Family in Florida
If you die leaving no surviving family members, your estate will still go through probate. However, at the end of the probate process any remaining property will transfer to the state of Florida rather than a person. This process is known as escheatment. Under the laws of intestate succession, friends...
Continue ReadingWhat Happens to Credit Card Debt After Death in Florida?
When a person dies with credit card debt, family members often think they are personally responsible for the balance. Under most circumstances, the estate will typically settle this debt. Being an unsecured debt, credit cards are often a low priority when probating an estate. In some cases, the debt will...
Continue ReadingCan You Get Reimbursed for Funeral Expenses through Probate?
The probate process in South Florida is complex, but if you pay for your loved one’s funeral expenses outright, you are entitled to reimbursement. The amount, however, is limited to what is considered reasonable. The surest means of recovering fully on the expenses you covered is consulting with our experienced...
Continue ReadingCan Creditors Make Claims Against an Estate During Probate in Florida?
Yes. In Florida, creditors can file claims against a person’s estate during probate, and valid debts must usually be paid before beneficiaries receive distributions. The law sets strict timelines and procedures for these claims. In areas like West Palm Beach, Fort Lauderdale, and Miami, estates typically include mortgages, medical bills,...
Continue ReadingWhat Happens If a Will is Contested in Florida?
When someone contests a will in Florida, the probate court pauses distribution until the matter of validity is resolved. Contests can be based on issues such as undue influence, lack of capacity, or improper execution. In South Florida, will contests are common in estates involving blended families, life changes, or...
Continue ReadingCan a Personal Representative be Paid for Their Services in Florida?
Yes. In Florida, personal representatives are usually paid for their work administering an estate. The law provides a fee structure that is presumptive reasonable compensation, but courts can adjust it upward or downward as seen fit, given the circumstances. The payment typically comes from estate assets, not from beneficiaries personally....
Continue ReadingHow Does Florida Handle Out-of-State Property in Probate?
If someone dies owning property in Florida and another state, Florida probate usually handles Florida assets. However, a second probate process, called ancillary probate, may be required where the out-of-state property is located. This can significantly affect timelines, costs, and how assets are transferred to heirs. If you have any...
Continue ReadingWhat is a Florida Revocable Living Trust, and Does it Avoid Probate?
Many people are surprised to learn that revocable living trusts do not allow them to avoid probate entirely. Revocable living trusts in Florida are legal documents that hold property. During your lifetime, you can control the assets in the trust and can sell, transfer, or gift them as you wish....
Continue ReadingHow are Estate Taxes Handled in Florida Probate?
No one wants to worry about taxes after losing a loved one, but it is important to know how they work. Losing someone you love is the hardest thing you will ever go through. In the days, weeks, and months following, the last thing you want to worry about is...
Continue ReadingWhat Happens if the Personal Representative is Unable to Serve in Florida?
Individuals named as personal representatives are not always willing or able to serve in the role. Our Florida probate lawyer explains what happens next in these situations. Personal representatives are responsible for many tasks during probate in Florida. However, individuals are not required to fulfill the role, even when they...
Continue ReadingWhat is the Role of the Personal Representative in Florida Probate?
Personal representatives are responsible for administering an estate during probate, which involves many different duties. Personal representatives in Florida are individuals who are named in a person’s will. When a person does not leave behind a will after they pass away, the probate court will appoint a personal representative. Known...
Continue ReadingDoes Florida Probate Apply to Small Estates?
There are other options than formal administration for smaller estates in Florida, but certain criteria must be met. Many people understand that probate is a long and involved process in Florida. It can also involve creditor claims that potentially devalue an estate, and conflicts within the family may also arise...
Continue ReadingHow are Debts Handled During Probate?
When a person dies, unfortunately, their debts do not die as well. These debts must be paid out of the deceased person’s estate. This happens during the probate process. All estates go through probate unless there is a trust involved. If the estate does not have enough money, then the...
Continue ReadingWhat is the Difference Between Formal and Summary Probate in Florida?
When a loved one dies, you will likely have to go through the probate process. Probate is the process of settling a deceased person’s estate. When it comes to probate, you may think there is only one way to go about it. There are two main types: formal and summary....
Continue ReadingWhat are the Steps in the Florida Probate Process?
When a loved one dies, you are not only dealing with the grief but also the process of settling their estate. This is called probate, and it is not anyone’s idea of fun. It is a long, drawn-out process that can also be costly. Probate is not something you want...
Continue ReadingCan I Avoid Probate in Florida?
The average person does not want to go through probate. The process can be lengthy. It can take a long time for a person to receive assets. The good news is that there are ways for a person to set up their estate and accounts so that their heirs can...
Continue ReadingCan a Florida Probate Be Expedited?
If you’re worrying about losing a loved one anytime soon, you may be concerned about the legal processes involved. It is not just about the grief; you also have to worry about probate. Probate is the lengthy process of handling the deceased person’s estate, such as their assets and debts....
Continue ReadingWhat Assets are Subject to Probate?
When a loved one dies, their assets will likely have to go through probate unless there is an exception, such as if they were held in a trust. Probate is the legal process of completing a person’s financial affairs after their death. It is used to distribute a deceased person’s...
Continue ReadingDo All Estates Have to Go Through Probate in Florida?
If a loved one has recently died, you may be concerned about that dreaded word called probate. Probate can be a bad word for many family members trying to handle an estate after a loved one’s death. It can be a long and costly process, especially for complicated estates. The...
Continue ReadingCan Probate Be Avoided in Florida?
After a loved one dies, you’ll likely be grieving. You’ll have a lot going on, especially if there is probate involved. Probate is a court-supervised process for identifying and gathering the assets of a deceased person. A personal representative will be responsible for paying the person’s debts from the deceased...
Continue ReadingAre There Taxes Owed on Assets in a Florida Probate Estate?
As the saying goes, there are only two certainties in life: death and taxes. Unfortunately, these two certainties often come at the same time. When a person dies, their estate goes through probate and often incurs taxes. The good news is that only 17 states have an estate tax. If...
Continue ReadingHow Can an Attorney Help With the Probate Process in Florida?
If your loved one dies with or without a will, you will likely need to go through the probate process. Probate is a court-supervised process that requires gathering the assets of a deceased person, paying their debts, and distributing their assets. Having a trust in place is one of the...
Continue ReadingWhat is Probate?
If your loved one dies, their estate will likely have to go through probate. Probate refers to the process of validating and administering a will. An executor will be appointed to manage this process, although the court will assist as well. It is also a good idea to have a...
Continue ReadingHow Long Does Probate Take in Florida?
A loved one died, and you are the executor of their estate. Or maybe you are an heir wondering when you will receive your assets. In any case, you will likely want to know how long the probate process takes. There is no clear-cut answer to this question, as each...
Continue ReadingWhat is the 10-Day Rule for Probate?
The death of a loved one can be a devastating time. Not only are you grieving the loss of your beloved family member, but you might be called upon to deal with their estate as well. If you are the executor of the deceased’s estate, you have an important role...
Continue ReadingWhat Assets Do Not Pass Through Probate in Florida?
When a loved one dies, their estate will most likely go through probate, unless they had absolutely no assets or they were held in a trust. Nobody likes the thought of probate, as it can be a lengthy and costly process. Plus, the process can take an emotional toll on...
Continue ReadingWhat Are The Different Types of Probate in Florida?
When a family member dies, there is a lot to deal with. Not only is there grief, but also dealing with a burial or cremation, funeral expenses, and the person’s estate. Everyone has an estate that needs to be handled when they die. This process is intricate, as it often...
Continue ReadingHow Does Probate Work When Someone Dies in Florida?
Life comes with a lot of sadness and burdens. This is especially true when a loved one dies. Not only is there the grief that follows, but you will also need to handle their affairs. This often means going through probate. Probate refers to the court-supervised process of distributing assets...
Continue ReadingWhy is Probate Important?
Talking about probate isn’t something that people want to do since it involves someone that recently passed. A loved one’s loss is among the hardest things you can go through. This time is understandably difficult, and the thought of dealing with all the legal processes needed during this challenging time...
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