Probate
Florida Probate: What You Need to Know About Handling a Loved One’s Estate
“What we leave behind is not what is engraved in stone monuments, but what is woven into the lives of others.” – Pericles
Losing a loved one is never easy. On top of grieving, families often find themselves facing legal and financial issues they never expected. One of the biggest challenges is probate, the legal process of transferring a deceased person’s property to their heirs or beneficiaries.
Many people don’t realize that when someone passes away with assets in their name alone and no named beneficiaries, those assets don’t automatically transfer to their family. Instead, probate may be required to determine who gets what. At Elderly Care Law Firm, we guide families through this process with care and efficiency, helping to ensure that everything is handled correctly and fairly.
What is Probate?
Probate is the legal process of handling a person’s estate after they pass away. This includes:
- Gathering and valuing their assets (such as real estate, bank accounts, and personal property).
- Paying any outstanding debts and taxes.
- Distributing the remaining assets to the rightful heirs or beneficiaries.
Probate is handled through the probate court, which oversees the process and makes sure everything is done legally.
When is Probate Needed?
Probate is required in Florida when:
- A person passes away without a will (intestate), and the court must decide who inherits their assets.
- A person has a will, but there are assets that need to be transferred through probate.
- A person dies with property only in their name and no named beneficiaries.
For example, if someone owned a home and never added a co-owner or beneficiary, the house must go through probate before the family can sell it, transfer ownership, or even speak to the mortgage company.
We have seen cases where:
- A spouse was not listed on the home’s title because it was purchased before marriage, requiring probate to transfer ownership.
- A family member was unable to access bank accounts to pay final expenses because the deceased person did not have a named beneficiary.
- Second marriages created inheritance conflicts when children from a prior marriage had legal claims to property over the surviving spouse.
These situations can be frustrating and stressful, but we help families resolve them as quickly and smoothly as possible.
Who Handles the Probate Process?
During probate, someone must be in charge of handling the estate. This person is called the Personal Representative in Florida (also known as an Executor in other states).
Personal Representative / Executor
The Personal Representative (or Executor) is responsible for:
- Gathering the deceased person’s assets.
- Notifying creditors and paying outstanding debts.
- Filing tax returns and handling legal paperwork.
- Distributing the remaining property to the correct heirs or beneficiaries.
A judge must approve the Personal Representative before they can act. If the person left a will, the court usually appoints the person named in the will. If there is no will, Florida law determines who can serve.
Many Personal Representatives have never handled an estate before, and mistakes can cause delays, legal issues, or even personal liability. We represent Personal Representatives to ensure they follow Florida law correctly and avoid costly errors.
What Happens During the Probate Process?
The probate process in Florida generally follows these steps:
- Filing the Petition – A request is filed with the probate court to begin the process.
- Appointing the Personal Representative – The court approves the person responsible for handling the estate.
- Notifying Creditors and Heirs – The Personal Representative notifies any creditors and all potential heirs.
- Inventory of Assets – All estate assets (like homes, bank accounts, and valuables) are identified and valued.
- Paying Debts and Taxes – Any outstanding bills, debts, and taxes must be paid before distributing assets.
- Distributing the Estate – Once debts are settled, the remaining assets go to the heirs and beneficiaries.
- Closing the Estate – A final accounting is done, and the probate case is closed.
This process can take anywhere from a few months to over a year, depending on the complexity of the estate and whether any disputes arise.
Will and Trust Disputes: What Happens When Someone Contests an Inheritance?
Sometimes, family members disagree over a will or trust. This is known as probate litigation, which can happen when:
- A family member believes the will was changed under pressure or when the person was not mentally capable.
- Someone was left out of the will unexpectedly.
- There are suspicious transfers of property, such as a parent suddenly signing over a home to one child and not the others.
- A trustee is not properly managing a trust and is failing to distribute assets as instructed.
We represent clients in probate litigation, ensuring their rights are protected when disputes arise.
What Happens If You Don't Go Through Probate?
If probate is required and the process is not started, families can face serious problems:
- Mortgage companies won’t speak with you – If your name isn’t on the loan, the bank won’t provide information or allow payments.
- You can’t sell property – The title remains in the deceased person’s name, preventing any sale.
- Frozen bank accounts – Funds remain inaccessible, even to spouses and children.
- Family disagreements escalate – Without legal clarity, disputes over who gets what can get ugly.
Many people assume that because they are a spouse or child, they automatically inherit everything. This is not always true.
For example:
- If a married couple bought a house before marriage and the deceased spouse never added their partner to the title, the surviving spouse may not automatically inherit the home.
- If a person remarried and had children from a previous marriage, Florida law may divide the estate between the spouse and children, even if that’s not what the deceased wanted.
These legal issues can be frustrating and heartbreaking, but we help families navigate them with confidence.
Partition Actions: When Family Members Can’t Agree on Property
A partition action is a legal process used when multiple people inherit a property, but they can’t agree on what to do with it.
For example:
- Three siblings inherit a home, but one wants to sell, and the others don’t.
- One family member is living in the house rent-free, but the others want to sell it.
- A deceased parent owned property with a former spouse, causing ownership conflicts.
If co-owners can’t agree, a partition action can force a sale so the proceeds can be divided fairly.
We help families resolve these conflicts, whether through legal negotiation or court proceedings.
How Elderly Care Law Firm Can Help
Probate can be stressful, but you don’t have to go through it alone. We:
- Guide Personal Representatives through their legal responsibilities.
- Handle will and trust disputes when disagreements arise.
- Assist with partition actions when families can’t agree on property.
- Ensure the probate process moves quickly and efficiently.
If you’re dealing with a probate matter, call your Florida Probate attorney today at (305) 836-4697 for a case evaluation. Let us take the legal burden off your shoulders so you can focus on what matters most – your family.
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