How Does the Florida Probate Process Work? A Step-by-Step Overview
The Florida probate process is the legal procedure used to identify a deceased person's assets, pay outstanding debts, and distribute property to beneficiaries or heirs. Depending on the estate and whether it meets Florida's eligibility requirements, probate may proceed through either summary administration or formal administration.
If you have...
Dealing with Missing Heirs During the Probate Process
If an heir cannot be located during probate in Florida, you cannot simply move forward without them. As personal representative, you must make a documented, diligent effort to find the missing person and, if necessary, provide notice by publication before the estate can proceed.
When you are administering...
Transferring a Car Title After the Owner Dies
When someone passes away, their vehicle becomes an asset that must be addressed as part of settling the estate. In Florida, the process for transferring a car title after death depends on how the vehicle was owned and whether probate is required. Getting it right is important for avoiding delays, disputes, and...
7 Reasons to Hire a Probate Attorney
When a loved one passes away, the role of personal representative comes with significant responsibilities. In Florida, formal probate is a court-supervised process for transferring assets, paying debts, and carrying out the wishes outlined in the will. While it may seem possible to manage on your own, the truth is that...
Probate for Non-Resident Property Owners in Florida
Florida has long been a destination for retirees, investors, and vacationers. As a result, many non-residents own real estate here—whether it’s a beachfront condo, a rental property, or a seasonal second home. But when a non-resident property owner passes away, their out-of-state estate must often navigate Florida’s ancillary probate process to transfer...
What Are the Differences Between an Executor, Personal Representative, Trustee, Agent / Power of Attorney, Health Care Surrogate, and Guardian?
When my clients and I discuss their estate planning documents and advance directives (Wills, Trusts, Durable Powers of Attorney, Living Wills & Designations of Health Care Surrogates, and Nominations of Guardians for Incapacity and for Minor Children), I explore their wishes about who will be responsible for various roles in their estate...
How Long After Death Do You Have to File Probate?
Dealing with the loss of a loved one is emotionally...
The Role of Living Trusts in Avoiding Probate
When it comes to estate planning, avoiding probate is often a top priority for individuals and families. Probate can be time-consuming, costly, and stressful for loved ones, especially during an emotional time. One effective way to sidestep this process is through a living trust. For residents of Palm Harbor, Tampa, and St....
Navigating Probate When There’s No Will
Losing a loved one is never easy and can feel even more overwhelming if they didn’t leave behind a will. When there’s no clear plan, it’s natural to feel unsure about the next steps. If you’re facing this situation in Florida, you’re not alone. Florida’s probate system provides a framework for handling...
Preserving Your Legacy When You Have No Heirs
Individuals who have no heirs may be tempted to forgo creating an...