According to the Florida Office of the State Courts Administrator, during the 2019-2020 year, the probate docket had a total of 132,284 filings. This includes 57,997 probate cases and 790 cases regarding trusts. When court dockets are busy, the time frame it takes to complete and close a probate case can become extensive due to the judge’s docket. With proper estate planning, you may completely avoid probate. We are going to review some of the probate complications that frequently arise during the administration of an estate.

The Probate Process

If the decedent does not have an estate plan in place and dies intestate (without a will), the State of Florida will require the administration of the estate through a Florida probate court. Probate complications in Florida often arise due to delays, disputes, or unclear estate plans.

The process includes the appointment of a personal representative or executor. That is the person who will manage the distribution of assets and closing of the estate. The distribution of the person’s assets is set forth in the Florida Probate Code regarding intestate succession. The duties of a personal representative include:

• Identify, gather, and value decedent’s assets
• Publish a “Notice to Creditors” in a local newspaper
• Search for and notify any creditors of the decedent
• Pay valid creditor claims and object to improper claims
• File tax returns and pay taxes on behalf of the decedent’s estate
• Distribute assets to beneficiaries in accordance with the decedent’s will or intestate law

If a personal representative mishandles the estate, this can result in probate complications in Florida, such as legal disputes or delays.

Arguments Between Family Members and/or Beneficiaries Can Create Probate Complications

With the modern family mixture of divorces and remarriages, conflicts may arise following a person’s passing. These probate complications in Florida can often be prevented with proper estate planning.

When you establish a revocable trust with properly listed assets, you allow your family to avoid the probate process. However, even with a will, family members may contest its validity due to:

• Duress, mental incapacity, or fraud
• Improper signing or witnessing of the will

Contesting a will can be time-consuming and costly. If you are dealing with family disputes, it is critical to consult a Florida probate attorney to resolve these issues.

If you do not make appropriate estate plans and die with assets in excess of Seventy-Five Thousand Dollars ($75,000.00) your family will have a legal obligation to conduct a formal probate administration. Florida law mandates the hiring of an estate attorney to oversee the probate process.

Personal Representative/Executor Declining Role Can Become a Probate Obstacle

A designated personal representative sometimes declines their role, causing probate complications in Florida. If the first nominee cannot fulfill their duties, the court may need to appoint a replacement. Disputes over appointments can lead to delays. The decedent may also have selected a professional with experience handling probate in Florida, such as an estate attorney

It is always wise to include at least one or two alternative representatives in your will to avoid such complications. 

Assets in Multiple States Can Prove a Probate Complication

If the decedent owned property in more than one state, this can create significant probate complications in Florida. For example, real property in both New York and Florida would require probate proceedings in each state.

To manage multi-state assets, enlisting probate attorneys in both jurisdictions can help ensure compliance with state-specific laws and expedite the process.

Inventory of Estate Assets

Compiling the inventory of assets is a time-consuming task for a personal representative. According to Florida Probate Rule 5.340, the inventory must be submitted within sixty (60) days of opening the estate.

Failing to properly file this inventory can create probate complications in Florida, including objections from beneficiaries or delays in closing the estate.

Conflicts Over Handling of Decedent’s Home

Conflicts often arise when beneficiaries disagree on whether to sell or keep a decedent’s home. To avoid probate complications in Florida, clearly outline the handling of real estate in your will.

In Florida, real property must adhere to homestead status requirements, which provide creditor protections but also impose restrictions on transfers.

Not Seeking Guidance of Probate Attorney

Attempting to navigate the probate process without an attorney is one of the most significant causes of probate complications in Florida. Errors in court filings or failure to meet deadlines can delay the distribution of assets and result in personal liability for the representative.

Florida law mandates hiring a probate attorney for formal probate administration, ensuring compliance with all legal requirements.

When You Encounter Probate Complications in Florida

If you are facing probate challenges or want to avoid probate complications in Florida, contact Boyer Law Firm, P.L. Our experienced attorneys will guide you through estate planning and probate administration, helping you resolve any obstacles efficiently.

We are familiar with Florida’s probate laws and will work to expedite the process for the timely distribution of assets. Contact us today to schedule a consultation using our online form or email us directly at [email protected]. While you are there sign up to receive our monthly legal news updates.