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When someone dies, not every asset automatically becomes part of a probate estate. Some assets must pass through the Florida probate process before they can be transferred to beneficiaries. Other assets pass directly to a surviving owner, named beneficiary, or trustee without being distributed by the personal representative. Understanding the difference between probate assets and non-probate assets is important because it affects: Whether a probate proceeding is necessary; Wh

One of the first questions families ask after a loved one dies is, “How much is probate going to cost?” There is no single fixed price for probate in Florida. The total cost depends on the type of probate proceeding, the value and nature of the assets, whether the estate has creditors, whether real estate must be sold, whether beneficiaries cooperate, and whether litigation or unusual tax work is required. For a straightforward estate, the principal expenses usually include a

Many Florida families create a revocable living trust believing that placing a home, bank account, or investment account in the trust will protect those assets if long-term nursing-home care is later needed. Unfortunately, a standard revocable trust generally does not protect the person who created the trust from nursing-home expenses, Medicaid eligibility rules, or personal creditors. A revocable trust can be an excellent estate-planning tool, but it is not ordinarily an ass

FL Probate Florida made several important changes to its probate laws effective July 1, 2026. The new laws expand access to simplified probate procedures, increase several small-estate limits, strengthen the authority of personal representatives, improve access to safe-deposit boxes, and give probate courts greater flexibility when appointing curators. The principal changes were enacted through CS/HB 1337, Chapter 2026-57, Laws of Florida, and CS/HB 131, Chapter 2026-85, Laws

Adding an adult child to your Florida bank account may create unintended ownership, inheritance, creditor, and family-conflict risks. Learn about safer alternatives. Many parents eventually consider adding an adult child to a checking or savings account. The reasons are usually practical. Perhaps the child helps pay bills, monitors expenses, deposits checks, or handles errands. A parent may also believe that joint ownership will make things easier if the parent becomes incapa

Turning 18 is an exciting milestone. Your child may be preparing for college, starting a career, moving into an apartment, traveling, or becoming more financially independent. But something important changes on their eighteenth birthday: your child becomes a legal adult. Even when your child remains on your health insurance, lives in your home, or depends on you financially, you may no longer have automatic legal authority to access private medical information, make health ca

Family disagreements during probate can turn an already difficult time into a prolonged and stressful ordeal. When a loved one passes away, the probate process begins to settle their estate. However, conflicts among family members often arise, complicating the distribution of assets and delaying closure. Understanding what happens when family members disagree during probate in Florida can help you prepare and respond effectively. Florida beach What Is Probate and Why Do Disag

Probate can be a lengthy, costly, and public process that many Floridians want to avoid when settling an estate. The question often arises: Can probate be avoided entirely in Florida? While probate is a legal requirement for many estates, there are several strategies to minimize or bypass it altogether. This post explores practical ways to avoid probate in Florida, helping you protect your assets and simplify the transfer of your estate. A typical Florida home with a 'For Sal

When someone passes away owning property in more than one state, the probate process can become complicated. In Florida, this situation often requires something called ancillary probate. If you or a loved one owns real estate or other assets outside Florida, understanding ancillary probate is essential to managing the estate efficiently and avoiding unnecessary delays or expenses. This article explains what ancillary probate means in Florida, when it applies, how it works, an

When a loved one passes away, the probate process can feel overwhelming. One common concern is whether creditors can take everything during probate in Florida. Understanding how creditor claims work during probate is essential to protect the estate and ensure assets are distributed properly. This article explains how creditors can claim assets during Florida probate, what protections exist, and practical steps to manage creditor claims. Florida courthouse entrance with probat

Losing someone close is one of the most difficult moments in life. When a loved one dies in Florida, the immediate hours and days can feel overwhelming. You may face a flood of emotions while also needing to handle important tasks. Knowing what to do right away can help you manage the situation with more confidence and reduce stress during this challenging time. This guide walks you through the essential steps to take immediately after a loved one passes away in Florida. It c

When a loved one passes away, their will usually guides how their assets are distributed. But what happens if someone believes the will is unfair or invalid? In Florida, contesting a will is possible, but it requires specific legal grounds and timely action. This post explains the reasons you can challenge a will in Florida, the process involved, and what you should know before taking this step. Florida courthouse entrance with steps and columns What Does Contesting a Will Me

Losing an original will can create confusion and delay during probate, especially in Florida where specific rules govern estate administration. If you find yourself facing probate without the original will, understanding the legal process and your options can help you manage the situation more effectively. This article explains what happens when the original will cannot be found in Florida, how the courts handle such cases, and practical steps to take to protect the estate an

Dying without a will in Florida can create confusion and conflict for your loved ones. Without clear instructions, the state’s laws decide how your assets are divided. This process, called intestate succession, may not match your wishes, especially if you have a blended family or own a homestead. Understanding what happens when you die intestate in Florida helps you plan better and protect your family. Florida neighborhood showing typical homestead properties How Intestate Su

Guardianship is a serious responsibility that requires ongoing attention and care. In Florida, guardians must fulfill specific annual duties to ensure the well-being and proper management of the person or estate under their care. These duties include preparing an annual plan, submitting an annual accounting, and cooperating with the court audit process. Understanding these requirements helps guardians stay compliant with state laws and provide the best support possible. Prepa

When a loved one suddenly cannot care for themselves due to illness, injury, or other urgent circumstances, families often face tough decisions. One legal tool available in Florida is emergency temporary guardianship. This option allows someone to step in quickly to make decisions for the vulnerable person. But when is it appropriate to use this measure? How long does it last? What risks should families be aware of? This post breaks down the essentials of emergency temporary

Deciding when guardianship is necessary can be a challenging and sensitive issue for families and individuals in Florida. Guardianship involves a legal process where a court appoints someone to make decisions for a person who cannot manage their own affairs due to incapacity. However, guardianship is not the only option available. Alternatives like powers of attorney and trusts may provide less restrictive ways to protect and support loved ones. This post explores when guardi

Estate planning in Florida often involves navigating a maze of legal rules and protections designed to balance individual wishes with spousal rights. Among the most misunderstood elements are the Florida Homestead, spousal waivers, and the elective share. These components interact in ways that can significantly affect how assets are distributed after death. Understanding these complexities is essential for anyone looking to create an effective estate plan in Florida. Florida

When planning for the future, many people consider how their financial and personal affairs will be managed if they become unable to make decisions. A Durable Power of Attorney (DPOA) is a key legal tool in Florida that allows someone you trust to act on your behalf. Yet, many misunderstand what a DPOA really does, how it works under Florida law, and why generic online forms often fall short. This post clarifies these points and dispels common myths about activation. What Is

Estate planning is not a one-time task. Life changes, and your estate plan needs to keep up with those changes to ensure your wishes are honored and your loved ones are protected. Many people wonder how often they should update their estate plan. The general rule is to review it every 5 to 7 years, but certain life events require immediate attention. This post explains when and why you should update your estate plan, focusing on key moments like death, divorce, moving, and st