When a relative or close friend passes away, people often have many questions about what they should do with the assets the person left behind: How are they distributed? What legal documents must be filed and when? Who pays bills owed to creditors and the ongoing expense of keeping up the person’s home?
Each of these questions is actually about probate, the legal process governing the estate of a person who has passed away. Understanding Florida probate rules is therefore important for reducing the uncertainty people feel during an already difficult, emotional time.
At the LAW OFFICE OF GARY M. LANDAU, located in Coral Springs, we regularly assist families across the state of Florida seeking help from an experienced probate attorney. You may have arrived at this blog by searching for “estate lawyers near me” or a similar query. This guide explains the regulations, timelines, and procedures laid out in Florida probate law, so you can confidently move forward in handling someone’s estate.
Understanding the Purpose of the Florida Probate Rules
Probate in Florida is a legal system designed to ensure a deceased person’s estate is distributed according to their valid will. The Florida Probate Rules, in conjunction with the Florida Probate Code, provide the structure for filing documents, opening estates, managing assets, protecting rights, distributing assets, and closing probate administrations. The rules are familiar to experienced probate lawyers, so clients don’t need to know all the details.
Still, it’s helpful to have a broad understanding of Florida’s probate rules when you initiate the process, to keep it from feeling overwhelming.
Rules govern the probate process from the moment a petition is filed with a county’s Probate Court until all of the estate assets are distributed, a process that generally takes a few months but can also last several years, depending on the size and complexity. The rules especially clarify the actions and responsibilities of the personal representative in charge of administering the estate, the probate attorney working with that person, and the court clerk who oversees all official court records.
(See What Are the Responsibilities of a Personal Representative?)
Types of Probate Administration in Florida
One of the first questions that must be addressed before a probate is initiated is what kind of probate it should be. Florida offers two primary forms of probate administration, each defined by Florida law.
Formal Administration
Formal administration applies to many probate cases in Florida. It is used when the estate’s probatable assets are higher than $75,000 and when the decedent passed away within the past two years. A formal administration is more involved than a summary administration, and it includes the appointment of a personal representative who manages the estate on behalf of all interested parties.
Summary Administration
Summary administration is available when the estate’s value is less than $75,000 or when the decedent passed away more than two years ago. (The estate’s value does not include exempt homestead property and money falling outside the probate, such as from life insurance or joint bank accounts.) Summary administration involves fewer legal documents and shorter timelines, but it still must follow Florida probate rules.
Other types of Probate in Florida
Two other types of probate in Florida are used less often, as they apply only to specific circumstances:
Ancillary Administration. This is done when out-of-state residents are having their estate probated in the state where they permanently lived, but they also owned real estate in Florida which must be separately probated.
Disposition Without Administration. This is used when an estate is so small the amount of money only covers the person’s end-of-life medical bills and funeral costs.
Key Legal Requirements in a Florida Probate Case
Florida probate rules outline the specific legal steps that must be taken during a formal administration. Some of the steps are skipped or abbreviated for other types of probates.
The steps in a Florida formal administration probate include:
- Filing the Initial Petition
Probate begins when the attorney files a petition with the Probate Court along with the death certificate. If the person had a valid will (also known as a last will & testament), that is filed as well. Once these documents are accepted by the court, the probate is considered “opened.”
- Appointment of the Personal Representative
Most wills specifically name the person who will be the Personal Representative. If the court determines that the person named is legally suitable, that person is appointed; if not, or if there is no will, state law determines who will be the PR.
The court issues the personal representative Letters of Administration, which authorizes them to act as the executor of the estate. Under the guidance of a probate attorney, the PR handles all aspects of the probate’s administration in compliance with Florida law.
One of the PR’s first steps is to notify all beneficiaries and immediate family that the probate has begun. The PR also opens an estate account with a bank, into which all assets will be placed and from which all expenses and bequests will be paid.
(See What You Need to Know About a Notice of Administration in Florida)
3. Gathering and Protecting Estate Assets
The personal representative is next tasked with identifying, valuing, and managing assets including property, bank and brokerage accounts, business interests, and money owed to the decedent. They must safeguard these assets while probate is pending. This includes paying the mortgage, maintenance, and other upkeep costs for any real estate the person owned until it can be sold.
4. Notifying Creditors
Florida probate rules require the estate to send a notice to all known creditors, so they have a chance to file a claim against the estate. A notice to potential creditors must also be published. Working with the probate lawyer, the PR evaluates claims that arise to determine whether they are legitimate. If they are, the amount is negotiated and/or paid. If not, the estate can object to the claim according to the law and its strict timelines.
5. Paying Estate Costs and Expenses
Before beneficiaries can receive their bequests, all expenses and fees must be paid from the estate account. This includes valid creditor claims and funeral costs as well as court costs and attorney fees. If the estate is large enough, the person may also owe federal taxes. (Florida does not have a state income or estate tax.)
Under Florida rules, the personal representative also has the right to be paid reasonable compensation for the work they perform on the estate.
6. Distribution and Closing the Estate
Once all debts and expenses are settled, the estate distributes all remaining assets to the beneficiaries, according to provisions in the will and state law. In some cases, the Probate Court may require its approval of the distribution plan.
Following this distribution, final documents are filed with the court and the estate is “closed.”
How Florida Probate Rules Protect Families
The legal rules governing Florida’s probate exist to protect heirs, beneficiaries, and creditors from unnecessary disputes. The following are some of the protections built into the system:
Protection for the Individual Handling the Estate
The personal representative is given legal authority and structured procedures to follow, which limits their liability when they act in compliance with the law.
Protection for Families and Beneficiaries
Florida law provides certain protections for spouses and minor children, so even if they are disinherited in a will they are nonetheless entitled to certain assets. All beneficiaries are also entitled to receive a copy of the will as well as accurate accounting records to ensure they get their proper distributions.
Florida law also allows for litigation to address concerns about possible undue influence or suspicious, late changes to a will or the improper transfer of money out of an account.
Protection for Creditors
Creditors must follow required timetables and procedures, and when they do so they are able to get paid what they are owed. (Often, creditor claims can be negotiated.)
When Families in Florida Need Help Regarding Probate
Families in Coral Springs, Boca Raton, and across South Florida and the state can find themselves searching for a probate attorney because they don’t know who to turn to when contemplating the rules, legal documents, forms, deadlines, and filings required. They may also have questions about handling claims against the estate, transferring property, and the steps required for the Probate Court process.
Working with an experienced probate lawyer helps families understand what steps must be completed, which documents filed, and how to move the probate process forward while protecting the interests of all beneficiaries.
At the LAW OFFICE OF GARY M. LANDAU, our probate lawyer provides guidance in probate administration, estate planning, and related practice areas. We also help families evaluate whether summary administration is possible, which may save time and money. The law office also helps people draft their wills, to make the probate process easier for their own heirs.
Important Factors That May Affect a Florida Probate Case
There are several situations that can complicate the experience and timeline of a Florida probate.
Real Estate Property in Multiple States
Just as people residing in other states must do an ancillary administration for their Florida real estate property, so too must Florida residents with real property located outside the state. This adds time and money beyond what would be required if all property were in Florida.
Business Interests
If the person owned a business, whether alone or via partnerships or associations, financial valuations and additional legal procedures may be required.
Creditor Claims and Taxes
If the person had numerous unpaid bills, especially back taxes, reviewing and resolving them may take a while. Very large estates, valued at over $15 million per individual, are also subject to federal estate taxes, which requires the hiring of an accountant.
Recordkeeping Requirements
Probate requires detailed accounting records and supporting documents of assets and heirs. If they are difficult to gather–or if one or more beneficiaries cannot be identified or located–delays may ensue.
Family Disagreements or Questions About the Will
When beneficiaries or potential beneficiaries worry there was undue influence when the person drafted their will, or when legal documents are missing or believed to be fraudulent, litigation to resolve these matters can cause substantial costs and delays.
The Benefits of Working With an Experienced Probate Lawyer
Florida does not require estates to have an attorney, but the majority of people find benefit in working with a probate lawyer. Experienced attorneys are familiar with the rules, procedures for legal filings and form submissions, and deadlines that regular people are not expected to know.
A probate attorney helps by:
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- Counseling clients about what to expect during the entire process
- Preparing and filing each of the required documents
- Advising the personal representative about their duties and next steps per Florida law
- Alerting creditors and helping to evaluate their claims
- Corresponding with the court on behalf of the family, including attending court hearings when judges require them
- Offering guidance in situations involving guardianship, divorce, business interests, or the prior death of a named PR or beneficiary
- Helping the personal representative distribute the assets
- Answering any questions that arise during the process.
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Families searching for “estate lawyers near me” often want reassurance that the hard-earned assets of their loved one will be handled with care, while protecting the rights of all interested parties. The Law Office of Gary M. Landau is known for its clear guidance and ready availability.
Speak With the LAW OFFICE OF GARY M. LANDAU
If you are ready to begin a probate in Coral Springs or throughout Florida, the LAW OFFICE OF GARY M. LANDAU is here to assist you. Whether you have questions about the probate procedures, transferring property, dealing with creditor claims, or the responsibilities of the personal representative, our firm is here to help.
With more than 25 years of experience in our practice areas and countless satisfied clients, attorney Gary M. Landau and his team are uniquely positioned to help you with your probate and real estate title and closing needs in Coral Springs, Parkland, Boca Raton, 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, want to change your deed, 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 consultation at no cost. We happily work with our clients in person, over the phone, or on Zoom.
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/