What Happens if a Beneficiary Does Not Respond During Florida Probate?

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By Gary M. Landau, Esq.

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What Happens if Beneficiary Does Not Respond During Florida Probate? | Call (954) 979-6566

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):

  1. Formal Administration: For estates with assets over $75,000 or when the decedent passed away within two years.
  2. 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.

Copyright © 2025. LAW OFFICE OF GARY M. LANDAU, P.A. All rights reserved.

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://garylandau.com/

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Frequently Asked Questions

A will is the simplest way to ensure that your funds, property and personal things will be distributed after your death the way you want them to. Even if you have very few assets, you will benefit from having a will. About half of all Americans die without a will (known in legal terminology as dying intestate). Without a will to indicate your wishes, the court steps in and distributes your property according to state law. A will ensures that your assets will be given to family members or other beneficiaries you designate.

 

Having a will is doubly important if you have young children. One section of the will allows you to designate a guardian for them in the event of your death. Without a will, the court will appoint a guardian for your children, who may not be the person you desire.

Many Florida residents have out-of-state wills, drawn up while they were still living among the hills of North Carolina or the hubbub of New York. If the will was valid according to your old state’s laws at the time you made it, it is still legal in Florida. However, if you are a Florida resident, you may benefit greatly by having a new will drawn up in Florida, because it will likely be more easily admitted to probate.

 

It is important to know that each state has its own requirements for what makes a will a legally binding document. For example, Florida doesn’t recognize handwritten wills that haven’t been witnessed (known as “holographic wills”), or oral wills not put into writing, even if other states okay them. There’s also the matter of Florida estate law. In this state, for example, your surviving spouse is entitled to 30 percent of your net probate estate, regardless of what you say in your will. The spouse may also have a “Homestead” interest in property you share here, even if you want your house to go to someone else. In fact, all real property owned in Florida will be subject to this state’s laws, even if you’re a snowbird maintaining a residence in the state where your will was drawn up. Other peculiarities also exist, which is why a Florida will could make things much easier for your heirs.

 

If you would like to have me review your current out-of-state will, I am happy to do so without charge. If it turns out to be in accordance with Florida state laws and procedures, you can continue to rely on it. If not, however, your heirs would rather you discover that now.

It is a good idea to re-read your will every few years to be sure it reflects up-to-date realities (you may not want to leave your heirloom to a niece you are no longer speaking to, nor have someone be named your child’s guardian if they have taken seriously ill since you drafted your will). It is especially important to reexamine your will if:

 

  • You have gotten married since it was last drafted;
  • You have made bequests to people who have fallen out of your favor or are no longer living (I recently updated the will of a man who had left everything to his first wife, who was long deceased), or you have not included people who are now dear to you;
  • You would like to change the person named as the personal representative of the estate. (Note: Florida law does not allow a nonresident of the state to serve in this position, unless it is an immediate family member or certain other relatives);
  • You have acquired pricey or sentimental items that are not accounted for in your will. Do note, though, that Florida law allows you to attach a separate personal property memorandum to your will, detailing who will get which specific items. This list can be changed whenever you want.

Perhaps I should answer this question with where not to store it: in a bank’s safety deposit box. Although it may seem logical to put this with your other important papers, it is often difficult for your heirs to gain access to the box once you die, since the box is sealed then and must be opened in the presence of a bank employee.

 

One good option is to leave your original will with the attorney who drafted it, making copies for your personal representative and other important relatives and letting them know who has the original. For my clients who prefer that I store their original will, I keep it in a fireproof will vault in my office, or in the vault in my bank.

 

As an alternative, you could store the will in a fireproof box or vault in your own home.

 

Wherever you store it, be sure to let your personal representative and other close relatives know where you have put it!

Probate is when the court oversees your assets and liabilities after your death. During probate, the court makes sure that your will is valid and acceptable; that all debts, bills, creditor’s claims, and taxes are paid from your estate’s assets; and that your remaining assets are distributed to your beneficiaries according to your will (or, if no will exists, by Florida law).

 

Probate usually does take longer than most beneficiaries would like. But in order to ensure that everyone with a right to a claim is included in the process, the court requires several steps. If the size and complexity of your estate are minimal, however, the entire process of probate can take as little as a few months. Larger estates that are subject to IRS estate taxes or those involving litigation on the part of creditors or heirs generally take longer, often one or more years.

 

To speed the process along for simple and small estates, the courts allow a shortened form of probate, known as “summary administration,” which requires much less paperwork and time.

A personal representative (PR) is a friend or relative, or an attorney or bank, who is put in charge of the estate until all matters regarding the probate are resolved. (In other states, this person is sometimes called an executor or administrator.) The job of the PR includes identifying all assets, searching for creditors and paying valid claims, filing required estate tax returns if the estate is large enough (the figure escalates over time, according to Congressional laws), coordinating with the probate court and attorneys, and overseeing the distribution of assets–all done under the guidance and assistance of a qualified attorney.

 

Serving as a PR is an important role, and such a person should be selected with care as to who is most willing and best able to serve in this position. By Florida law, your personal representative must be over 18 years of age, and be a blood relative, your spouse, the parent or child of your spouse, or a Florida resident.

Generally, no. If you co-own all property via such legal structures as “tenancy by the entirety” or by “joint tenancy with right of survivorship” the property immediately passed to you upon your spouse’s death. Proof of death is usually all that is needed to pass such jointly owned title for cars, stocks, and other personal property to the surviving spouse.

 

But if even one asset was held solely in the deceased person’s name, or any property is owned in the form of a “tenancy in common,” that estate will be required to go through probate. If the assets are limited, the shorter, simpler form of probate is generally all that is required.
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