It’s easy to think that every beneficiary of an estate automatically raises their hand to collect what they’ve been left in a will. But that is not always the case. Whether a beneficiary is the deceased person’s old friend long gone from the scene, a relative who’s moved far away, or just someone who doesn’t want their inheritance, some beneficiaries are challenging to bring into the process. In cases where the will was not well drafted and the person has a common name, it can even be hard to determine who the beneficiary is.
But as every experienced Florida probate lawyer will tell you, having a non-responsive beneficiary can delay or complicate the Florida probate process.
If you’re the personal representative of a Florida estate or a named beneficiary in a will undergoing probate, you may be wondering what happens if a beneficiary does not respond. This blog, from a knowledgeable Florida probate attorney, explains the potential implications and how our Coral Springs-based law firm helps clients resolve these issues swiftly and effectively.
With more than 25 years of experience in probate matters throughout the state of Florida, The Law Office of Gary M. Landau, P.A. is ready to help you resolve the issue of unresponsive beneficiaries and other challenges that arise when probating a loved one’s estate.
Understanding Probate in Florida
Probate is the legal process of distributing a deceased person’s assets according to the terms of their will. (Of, if no will exists, according to state intestacy laws). Steps include validating the will, getting a personal representative appointed by the court, notifying all creditors and beneficiaries, paying valid debts, and ultimately distributing estate assets to beneficiaries.
Florida law allows for two main types of probates (along with several that are lesser used):
- Formal Administration: For estates with assets over $75,000 or when the decedent passed away within two years.
- Summary Administration: A simplified process for smaller estates worth less than $75,000 or when the deceased person has been gone more than two years.
(To learn more, read our blog, What Are the Four Types of Probate Proceedings in Florida.)
The personal representative is the person who works mostly closely with the probate attorney to manage the probate process. One of their most important actions is to formally notify all beneficiaries that they are heirs and to get the necessary paperwork back from the heirs before assets can be distributed.
So what happens if one or more of the beneficiaries fails to respond?
Beneficiaries in Probate
Beneficiaries are individuals identified in someone’s will as receiving part of the person’s inheritance. The personal representative is charged with notifying each beneficiary via a formal notice (typically by certified mail), advising them of their rights, providing details about the estate, and serving as an official acknowledgment of their future involvement.
During the course of the probate, beneficiaries may also be asked to provide additional information or documents requested by the probate court.
How an Unresponsive Beneficiary Impacts Probate
When the personal representative reaches out but does not receive paperwork back from every beneficiary, the probate process slows and becomes problematic.
Some problems that arise include:
1. Notification Delays
Florida probate law requires that beneficiaries acknowledge that they received formal notice of the probate proceedings. When they fail to do so, the court may require means other than mail to attempt to communicate with them. This can involve hiring a private investigator to reach out, or, with court approval, publishing a notice in a public forum such as a newspaper. All of this adds to the time involved in the early stages of a probate.
2. Asset Distribution Delays
As a probate proceeds, Florida’s probate courts generally require all beneficiaries to sign off on certain documents, such as those describing the division of assets of the estate. When someone cannot be reached or does not respond, this process can grind to a standstill and delay when other beneficiaries can receive their own inheritance. Eventually, the personal representative must petition the court to have the missing person’s funds deposited in the court registry so the probate can move forward.
3. Legal Challenges
Unresponsive beneficiaries who miss deadlines or fail to convey their intentions create the risk of potential–if long shot–legal disputes if they later contest the asset distribution.
4. Additional Costs
Court fees, legal fees, and outside fees such as to a private investigator can add up when a beneficiary is not responsive, placing a financial burden on the estate and other beneficiaries.
A Coral Springs Estate Lawyer Explains How to Address an Unresponsive Beneficiary
There are several ways a personal representative, working with their Florida probate attorney, can mitigate some of the biggest issues involving an unresponsive beneficiary.
These include:
1. Using alternative means to confirm formal notice
In some cases when a beneficiary doesn’t accept a certified letter, the court will allow for FedEx delivery with proof of signature as sufficient notice.
2. Conduct a thorough search
If the beneficiary can’t be located because their contact information is outdated or unknown, an experienced probate lawyer may have the skills to find them. The Law Office of Gary M. Landau recently located the long-lost relative of a deceased person after an extensive computer search. In other cases, the attorney can direct the personal representative to a professional locator service they’ve worked with to try to track the individual down.
3. Seek a court resolution
If all efforts to contact the beneficiary fail, the attorney helps the personal representative petition the court. How to proceed varies by county and by judge; in some cases, especially after a professional locator tried to find them and the information was published in a newspaper, the court will accept that the personal representative made best efforts to find the person. In that case, the court generally approves moving the probate forward despite the beneficiary’s silence.
(To learn more, read our blog What Are the Steps Involved in Probate in Florida?)
How the Law Office of Gary M. Landau Can Help
Dealing with an unresponsive beneficiary adds stress to the personal representative’s tasks. Fortunately, they don’t need to handle the situation alone. At the Law Office of Gary M. Landau, we have more than 25 years’ experience guiding families through the probate process in all of Florida counties.
We help the personal representative navigate the process in numerous ways:
- Thorough continual communication. By staying in close contact, we ensure that the personal representative knows everything that is required of them throughout the process. We also ensure the beneficiaries are sent their proper legal notification to minimize problems and delays.
- Investigative support. We work hard to help the personal representative locate beneficiaries. If we cannot, we employ professional search companies to help find them.
- Court petitions. Our experienced probate team handles all the legal paperwork involved in a probate, including petitioning the court when there is an unresponsive beneficiary.
- Fast and efficient representation. We work tirelessly to keep the probate process moving as swiftly as possible, because we know that beneficiaries want to get their inheritances as quickly as the courts allow.
Why Choose Probate Lawyer Gary M. Landau?
The Law Office of Gary M. Landau stands out for its commitment to professionalism, competence, experience, and empathy during a trying time following a loved one’s death. Based in Coral Springs and under the direction of probate lawyer Gary Landau, we serve clients throughout Florida with in-person, virtual, and phone consultations to fit your needs.
Here’s why numerous families have trusted us with their probate concerns:
- Decades of experience. Our firm has handled probates for more than 25 years, giving us the knowledge to resolve even the most complex situations.
- Statewide service. No matter where you’re located in Florida, from Fort Lauderdale to Miami-Dade to Orlando, Tallahassee, and beyond, we assist clients probating their loved one’s estates.
- Personalized attention. Attorney Gary M. Landau personally returns all client calls, so clients are heard and supported during every step of the process.
- Timely solutions. From conducting beneficiary searches to representing clients in court, we move quickly and strategically to resolve issues that may arise during the probate process.
Have you been searching online for a “probate attorney near me?”
With more than 25 years of experience in our practice areas and countless satisfied clients, Gary M. Landau and his team are uniquely positioned to help you with your probate and real estate needs in Coral Springs, Parkland, and throughout Florida. Whether you’re ready to probate a loved one’s estate or to write your own will, or if you are purchasing a home, have inherited a home, or want a closing agent to handle title insurance and all documents for your closing or refinancing, the LAW OFFICE OF GARY M. LANDAU, P.A. is ready to work with you.
Call our office at (954) 979-6566 or complete our online form today to schedule a free consultation. We work with our clients in person, over the phone, or on Zoom. We serve Coral Springs, Parkland, and all of South Florida.
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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction.
LAW OFFICE OF GARY M. LANDAU, P.A.
7401 Wiles Road, Suite 204
Coral Springs, FL 33067
(954) 979-6566
https://www.garylandau.com/