Florida Probate & Estate Administration

Important: The 10-Day Will Requirement

Under Florida Statute § 732.901, the custodian of an original Will must deposit the Will with the clerk of the court having venue of the estate within 10 days after receiving information that the testator has died. The custodian must also provide the testator's date of death or the last four digits of the testator's Social Security number when the Will is deposited.

If you have an original Will in your possession after someone's death, timely delivery to the appropriate clerk is an important first step in the estate administration process.

What Is Probate?

Probate is the court-supervised process used to administer certain assets and legal matters following a person's death. Depending on the circumstances, probate administration may involve identifying and gathering estate assets, addressing valid creditor claims, paying expenses and taxes when applicable, and distributing property according to the decedent's Will or Florida's intestacy laws.

Whether an asset must be administered through probate generally depends on how the asset was owned or whether it passes automatically to another person or entity through a valid beneficiary designation, survivorship arrangement, or trust.

Understanding Florida Estate Administration

Not every Florida estate is administered in the same way. The appropriate procedure depends on factors such as the value and nature of the probate assets, the date of death, the existence of creditor issues, and the circumstances of the estate.

The Role & Responsibilities of the Personal Representative

A Florida personal representative is a fiduciary responsible for administering the estate in accordance with the decedent's Will, Florida law, and the personal representative's legal duties. Florida Statute § 733.602 requires a personal representative to settle and distribute the estate as efficiently as is consistent with the best interests of the estate.

A personal representative's responsibilities may include:

• Identifying, gathering, and safeguarding probate assets.
• Preparing or overseeing the estate inventory and valuation of assets.
• Identifying and addressing creditor claims and applicable creditor-notice requirements.
• Providing required notices to beneficiaries and other interested persons.
• Addressing applicable income, estate, and other tax matters.
• Paying valid expenses, claims, and obligations of the estate.
• Distributing remaining estate assets according to the Will or applicable Florida law.
• Completing the steps necessary to close the estate.

Florida law also provides that a personal representative may be liable to interested persons for damage or loss resulting from a breach of fiduciary duty. Fla. Stat. § 733.609. Because the responsibilities can be substantial, knowledgeable legal guidance can help a personal representative understand the requirements of the administration and make informed decisions along the way.

Family Protections & Florida Homestead Rights

Florida probate law includes important protections and statutory rights for surviving spouses and certain family members. These rights can affect how an estate is administered and how property is ultimately distributed.

• Protected Homestead: Florida's homestead laws impose special restrictions on the transfer of qualifying homestead and provide important protections for surviving spouses and descendants. The way homestead is handled depends on the ownership, family circumstances, and applicable law.
• Elective Share: A surviving spouse generally has a statutory elective share equal to 30% of the elective estate, subject to the requirements and exclusions established by Florida law.
• Exempt Property: Florida law provides qualifying surviving spouses, or children when there is no surviving spouse, rights to certain exempt property. This can include household furniture, furnishings, and appliances up to a $20,000 net value and certain motor vehicles.
• Family Allowance: In qualifying circumstances, Florida law provides for a reasonable family allowance for the maintenance of a surviving spouse and certain supported lineal heirs during estate administration, with a statutory maximum of $18,000.

Probate Attorney Fees & Compensation

Florida law provides for reasonable compensation for an attorney representing a personal representative. Under Fla. Stat. § 733.6171, the attorney and personal representative may agree to a different method of compensation, provided the statutory disclosure and objection requirements are satisfied.

Florida law also provides a statutory fee schedule that may be used when the required conditions are met. The statutory schedule is not an automatic "probate fee," and the total cost of an estate administration can vary based on the assets, complexity, creditor issues, tax matters, litigation, and other circumstances involved.

During your consultation, we will explain the anticipated scope of representation and applicable fee structure so you can make informed decisions about how to move forward.

A Thoughtful Approach to Probate

Losing someone you love can make even ordinary decisions feel overwhelming. Probate adds legal and administrative responsibilities at a time when families may already be navigating grief and significant change.

At Marissa Petillo Law, we provide thoughtful, personalized guidance to help families and personal representatives understand what needs to happen, what decisions require attention, and how to move through the administration process with greater clarity and confidence.

Do You Need Probate Guidance?

Whether you have been named as a personal representative, are helping a family member navigate an estate, or have questions about your rights as a beneficiary, we are here to help you understand your options and next steps.