Florida Probate & Estate Administration

Immediate Action: The 10-Day Rule

Under Florida Statute 732.901, the custodian of an original Will must deposit it with the Clerk of the Court having venue of the estate within 10 days of learning of the testator’s death. Failure to act promptly can complicate the probate process. If you are in possession of a decedent’s Will, contact our office immediately for assistance with this mandatory filing.

What is Probate?

Probate is a court-supervised legal process mandated by Florida Statutes Chapters 731–735. Its primary purpose is to identify and gather the decedent’s probate assets, satisfy valid creditor claims, pay applicable taxes, and distribute the remaining property to beneficiaries. Probate applies to assets titled in the decedent’s sole name that lack a designated beneficiary or automatic succession provision.

The Role & Liability of the Personal Representative (PR)

The Personal Representative is a fiduciary. This is a position of high trust and significant legal responsibility. Florida Statute 733.609 makes a PR personally liable for losses to the estate if they breach their duties through mismanagement, failure to notify creditors, or improper distribution of assets.

Responsibilities include:

• Identifying, valuing, and safeguarding all probate assets.
• Conducting a diligent search for "reasonably ascertainable" creditors.
• Filing final income tax returns (Form 1040) and estate tax returns (Form 706/1041) if required.
• Providing proper notice of administration to all interested persons.

Protect yourself: Engaging legal counsel is not just a convenience—it is a safeguard that ensures you remain compliant with the court’s rigorous standards and protected from personal financial exposure.

Family Protections & Homestead Rights

Florida law provides powerful protections to ensure surviving family members are not left destitute. These rights are often independent of the Will:

• Homestead Property: Often passes outside of probate but requires a court order to "clear the title" before it can be sold or mortgaged.
• Elective Share: A surviving spouse has a statutory right to claim 30% of the "elective estate"—which includes both probate and non-probate assets.
• Exempt Property: Surviving spouses (or children) have rights to specific household furniture, appliances, and furnishings (up to $20,000 value) and two motor vehicles, exempt from creditor claims.
• Family Allowance: A maintenance allowance of up to $18,000 may be claimed to support the family during the administration period.

Attorney Fees & Compensation

Transparency is the cornerstone of our practice. Under Florida Statute 733.6171, fees for the Personal Representative and the estate’s attorney are considered "presumptively reasonable" based on a statutory percentage of the estate's value. However, we believe in tailoring our representation to the specific needs of your case. During your consultation, we will clearly explain our fee structure—whether flat, hourly, or statutory—to ensure there are no surprises as we work toward closing the estate.

Do You Need Probate Guidance?

Whether you are named as a Personal Representative or are a beneficiary seeking to protect your inheritance, our office is ready to help.