Top 5 Mistakes to Avoid in Florida Probate Cases

By Stokes McMillan Antunez Martinez-Lejarza P.A. on July 20, 2023

When dealing with probate law in Florida, there are potential pitfalls that can delay the probate process and make it more difficult for the involved parties. Whether you’re an executor or a beneficiary, avoiding these common mistakes can save you time, money, and stress.

Stokes McMillan Antúnez Martinez-Lejarza P.A. is a full-service Florida trusts and estates law firm providing services including, but not limited to, probate, estate planning, trust & estate administration, and trust and estate litigation. If you have any questions or wish to hire our firm, please contact us.

Common Mistakes Made During the Probate Process:

Delaying the Probate Process

One of the most common mistakes executors make in probate is not starting the process quickly. Each state, including Florida, has its own deadline for this process. Not meeting these deadlines can result in fines and may make it harder to divide the deceased’s property. It is important to file the will with the court right after the person who owned the property dies, to avoid creating any unnecessary stress or pressure.

Incorrectly Assessing Estate Value

During the probate process, the executors or administrators must value the assets of the estate. When undergoing probate, certain assets (such as bank accounts), may be easier to define than others (such as cars and collectibles). In order to ensure assets are correctly valued, it may be wise to hire a probate appraiser or contact a probate attorney in Florida.

Neglecting Debts and Taxes

It is the executor’s responsibility to resolve any debts or taxes that must be paid. Often in the aftermath of loss or grief, a common error is to forget these debts and taxes. It is essential to secure the estate, and if you are unable to do so, it is important to work with a probate-savvy attorney who understands the process.

Educating Yourself on the Probate Process

The probate process is complex, and if you are undergoing the probate process, there is a benefit to educating yourself. Hiring a probate attorney to help you is also a viable solution.

Understanding How to Avoid Probate

The last mistake is not using smart planning to avoid the probate process in Florida, as there are ways like sharing ownership of property, putting money in a trust, or naming someone to inherit your assets when you die that don’t need to go through probate court. By using these methods, you make sure your property is inherited more easily.

Frequently Asked Questions

1. What happens if you don’t start the probate process on time?

Not starting the probate process on time can lead to fines and make it harder to divide the property.

2. How does the estate’s worth affect the probate process?

Probate may be needed if the estate’s worth is more than a certain amount (depending on the state), but if it’s less, probate might not be necessary.

3. What happens if the person who died owed more money and taxes than their estate value?

If the money and taxes owed by the person who died are more than what they had, the estate is in debt. The executor might choose not to start probate, and the state assumes control of the deceased individual’s estate to resolve the debt.

4. How can you avoid probate?

You can skip probate by planning wisely. This includes sharing ownership of property, putting assets in a trust, having financial assets with a named person to get them, and setting up accounts that go to someone when you die.

5. What happens if there’s no will?

If there is no will, or if the court voids the will, a neutral administrator is appointed to distribute the property.

DISCLAIMER

This article was partly generated by the use of artificial intelligence or AI, and is provided as general information for educational purposes only. This article is not intended to provide specific legal advice, and should not be relied upon as a substitute for competent advice from a licensed attorney. To speak with one of our attorneys, all you have to do is click here. If you’re interested in more in-depth ruminations on this area of the law written 100% by a live human being, visit the Florida Probate & Trust Litigation Blog by going to the home page for firm partner Juan Antunez.