Tag: probate law

When a Financial Power of Attorney Goes Wrong: What Can Families Do?

Posted on | by mP@
Family discussing a financial power of attorney with an attorney in Coral Springs, Florida

If you believe someone has misused a financial power of attorney in Florida, there are legal ways to challenge what happened. Depending on the circumstances, a court may review the agent’s conduct, require an accounting, remove the agent, terminate the agent’s authority, or order other relief.

Usually, though, nobody starts with a lawsuit.

It starts with a bank statement.

A parent gave a son or daughter power of attorney to handle the bills. An elderly relative needed someone to manage investments. Everything seemed ordinary until a family member noticed a withdrawal that did not make sense.

Then there is another one.

Maybe money went to the agent. Perhaps a house was sold. Maybe someone suddenly has a very good explanation for why several thousand dollars disappeared.

The uncomfortable part is that having power of attorney does give someone real authority. The document may allow an agent to handle bank accounts, investments, real estate, and other financial matters. But that authority comes with legal duties, and the agent has to stay within the authority the principal actually granted.

So what happens when the numbers stop making sense?

The answer usually starts with the power of attorney itself, the agent’s actions, and the financial records showing what happened to the principal’s money.

What Is a Financial Power of Attorney?

A power of attorney allows one person, called the principal, to authorize another person, called the agent, to act on the principal’s behalf.

The authority can be broad or limited. Depending on the document, an agent may be able to handle bank accounts, investments, contracts, real estate, or other financial matters.

Florida law generally limits an agent to the authority actually granted in the power of attorney. A broad statement saying that the agent can perform every act the principal could perform does not automatically create every possible specific power under the statute. Certain powers require separate, signed authorization.

That detail can become extremely important when a family disputes a transaction.

The document itself has to be examined.

What Does Financial Power of Attorney Abuse Look Like?

There is no single transaction that automatically proves abuse.

An agent might legitimately withdraw money to pay the principal’s mortgage. The same type of withdrawal could become a serious problem if the money goes toward the agent’s own mortgage.

Warning signs can include:

  • Unexplained withdrawals from bank or investment accounts
  • Transfers to the agent or the agent’s relatives
  • Personal expenses paid from the principal’s accounts
  • Property transferred or sold for the agent’s benefit
  • Large gifts that do not fit the principal’s history or instructions
  • Financial accounts being changed without a clear explanation
  • Missing receipts or financial records
  • Transactions occurring after the power of attorney was revoked

The records matter.

Florida requires an agent to keep records of transactions made on behalf of the principal, and the Florida Bar notes that an agent may be required to provide an accounting.

As Alan Reinfeld puts it:

“A power of attorney gives someone authority to act for another person. It does not give that person ownership of the principal’s money.”

Can a Power of Attorney Agent Take Money From the Principal?

An agent can use the principal’s money when the transaction is authorized and consistent with the agent’s legal duties.

The agent cannot simply treat the principal’s checking account as a second personal account.

Florida law describes the agent as a fiduciary. The agent generally must act loyally for the sole benefit of the principal, avoid conflicts that interfere with impartial decision-making, and exercise the care, competence, and diligence ordinarily expected in similar circumstances.

Consider a simple example.

A daughter has power of attorney for her father. She uses his account to pay his property taxes, medical bills, insurance, and other expenses. Those transactions may be entirely appropriate.

Then she transfers $50,000 to herself and says, “Dad wanted me to have it.”

That raises a very different set of questions.

  • Was the gift authorized?
  • Did the power of attorney contain the necessary authority?
  • Was the transaction consistent with the father’s known wishes?
  • Did the agent have a conflict of interest?
  • What records exist?

A court looking at a disputed transaction may need to answer those questions rather than simply deciding whether money changed hands.

Can a Power of Attorney Agent Use the Principal’s Property?

Real estate can create especially complicated disputes.

Florida law allows a power of attorney to grant authority to convey or mortgage homestead property, but the applicable formalities and statutory requirements matter. The Florida Bar likewise explains that an agent may sell a principal’s home when the power of attorney satisfies the applicable requirements and grants the necessary authority.

Suppose an agent sells a property and deposits the proceeds into an account belonging to the principal. That may be an ordinary transaction.

Suppose the proceeds instead end up financing the agent’s own house.

Now the transaction deserves serious scrutiny.

The same problem can arise when an agent uses the principal’s money to purchase property that is titled in the agent’s name.

A Broward County case shows how messy this can become

In Sacco-Martin v. Romano, decided by Florida’s Fourth District Court of Appeal in August 2025, elderly parents had granted powers of attorney to their daughter and her husband in 2019 and 2020. They revoked those powers of attorney in May 2021. A subsequent guardian alleged that the former agents had nevertheless exercised control over the parents’ financial accounts and transferred hundreds of thousands of dollars.

The probate court ordered an accounting covering the period during which the agents had acted under the powers of attorney. It reviewed bank statements and testimony and ultimately ordered the former agents to return substantial funds to the guardianship estate.

The Fourth DCA affirmed most of that ruling. It did, however, reverse one $20,000 portion because the particular transfer occurred before the relevant power of attorney period and therefore fell outside the accounting period established by the probate court.

The case also involved two properties purchased with the parents’ money. One was purchased with more than $562,000 transferred from the parents’ account and titled in the parents’ names. The property was later sold. Another property was purchased around the same time, with questions about whether the parents’ money ultimately funded the purchase and why that property was titled in the former agents’ names.

That is a useful lesson in how these disputes actually develop.

The question may begin with, “Where did the money go?”

It can eventually become a dispute involving bank records, property titles, closing statements, accounting periods, alleged gifts, and the scope of the agent’s authority.

Can a Court Remove a Power of Attorney Agent in Florida?

Yes.

Florida Statutes §709.2116 allows a court to construe or enforce a power of attorney, review an agent’s conduct, terminate the agent’s authority, remove the agent, and grant other appropriate relief.

The statute also identifies people who may petition the court. They include the principal or agent, certain fiduciaries, a person authorized to make health care decisions in specified circumstances, and another interested person who can demonstrate an interest in the principal’s welfare and a good-faith belief that court intervention is necessary.

That can matter when the principal is no longer capable of handling the dispute personally.

It also means that a family disagreement does not automatically give every relative the right to take over the situation. Standing, the principal’s circumstances, the agent’s conduct, and the available evidence all matter.

Can You Force a Power of Attorney Agent to Provide an Accounting?

Potentially, yes.

Financial records are often central to a dispute over an agent’s conduct. Florida law requires an agent to maintain records of receipts, disbursements, and transactions made for the principal. The Florida Bar likewise advises agents to maintain careful records and explains that an agent may be required to provide an accounting.

An accounting can help answer basic but important questions:

  • What money came into the account?
  • What money went out?
  • Who received it?
  • What was the payment for?
  • Was the transaction authorized?
  • Was the principal’s money used for the principal’s benefit?

Sometimes the accounting clears things up.

Sometimes it creates several new questions.

What Evidence Can Help Prove Power of Attorney Abuse?

If you suspect that a financial power of attorney has been misused, preserve the records before they disappear into the digital equivalent of a junk drawer.

Useful evidence can include:

  • The original power of attorney and any amendments
  • Bank and investment statements
  • Canceled checks
  • Wire transfer records
  • Deeds
  • Closing statements
  • Tax records
  • Credit card statements
  • Receipts
  • Emails and text messages
  • Communications with banks or financial institutions
  • Records showing the principal’s usual financial practices
  • Documents concerning the principal’s estate plan

The power of attorney itself is especially important.

A transaction can look suspicious until the document reveals that the agent had express authority to perform it. The opposite can also happen: a transaction can look ordinary until the document shows that the agent lacked the authority to make it.

What If the Principal Is Still Capable?

If the principal still has the legal capacity to make financial decisions, the situation may be different from one involving a principal who can no longer manage their affairs.

Florida law provides for revocation of a power of attorney, and a principal who remains capable may be able to revoke the existing authority and appoint another agent. The details depend on the circumstances and the document.

When there are already disputed transactions, however, changing the agent may be only one part of the problem.

There may also be questions about money already transferred, property already sold, or records that have not been provided.

Reviewing financial records for suspected power of attorney misuse in Broward County

What Happens to a Financial Power of Attorney After Death?

A power of attorney generally terminates when the principal dies. Florida’s statute expressly provides that the principal’s death terminates the power of attorney.

That does not erase transactions that happened while the principal was alive.

If family members believe an agent misused the principal’s property before death, those transactions can become relevant to an estate or probate dispute.

The legal framework then shifts. The personal representative or another person with appropriate authority may need to investigate what happened to the deceased person’s assets.

This is one reason a power of attorney dispute can eventually become a probate matter.

How Common Is Financial Exploitation?

Power of attorney abuse sits within a much larger financial exploitation problem.

The Administration for Community Living reported that older Americans lost nearly $2.4 billion to fraud in 2024, up from $1.9 billion in 2023. The agency also cautioned that reported fraud represents only part of the actual harm because many incidents go unreported.

The numbers cover fraud generally, not power of attorney abuse specifically.

But the broader pattern is relevant. Financial exploitation can occur within relationships of trust, including relationships involving family members, caregivers, and other people who have access to an older person’s finances.

A South Florida federal case illustrates how severe one of these situations can become.

In 2025, federal prosecutors sentenced former financier Brett Thomas Graham to seven years in prison after he admitted defrauding an elderly family member of approximately $8.4 million. According to the U.S. Attorney’s Office, Graham later became the woman’s power of attorney and was obligated to act in her best interest while continuing to divert money for his own expenses.

That is an extreme case.

Most power of attorney disputes will not involve $8.4 million, federal wire fraud charges, or a seven-year prison sentence.

The underlying problem can be much smaller and still be devastating to a family.

What Can Families Do About Power of Attorney Abuse?

Start with the document and the records.

Find out what authority the principal actually granted. Identify the transactions that are causing concern. Gather the financial records. Establish when the transactions occurred. Determine whether the power of attorney was still effective.

Then ask the uncomfortable questions.

  • Was the transaction authorized?
  • Was it for the principal’s benefit?
  • Did the agent personally benefit?
  • Was there a gift?
  • Was there a conflict of interest?
  • Can the agent account for the money?

Those questions are far more useful than simply asking whether someone in the family “did something shady.”

And sometimes the records show that the agent acted properly.

That possibility deserves to be taken seriously too.

As Stuart Reinfeld explains:

“Financial disputes between relatives can become emotional very quickly. The documents give everyone something concrete to examine.”

Attorney reviewing a property transfer involving a financial power of attorney in Broward County

Power of Attorney Disputes in Coral Springs and Broward County

For families in Coral Springs and throughout Broward County, a financial power of attorney dispute may overlap with probate, guardianship, estate litigation, real estate, or financial exploitation proceedings.

Broward County’s Probate and Guardianship Division handles probate and guardianship matters through the Seventeenth Judicial Circuit. The county also provides procedures and resources for matters involving vulnerable adult exploitation, guardianship accountings, probate filings, and related proceedings.

That local connection matters when a dispute moves from a family disagreement into a court proceeding.

A court may be asked to review the agent’s conduct, terminate the agent’s authority, remove the agent, order an accounting, or provide another appropriate remedy under Florida law.

Frequently Asked Questions

What is a financial power of attorney in Florida?

  • A financial power of attorney allows a principal to authorize an agent to handle specified financial or property matters. The agent’s authority depends on the language of the document and Florida law.

Can a power of attorney agent take money from the principal?

  • An agent may use the principal’s money when authorized and when acting consistently with the agent’s fiduciary duties. An agent cannot simply treat the principal’s assets as personal property.

How do you prove power of attorney abuse?

  • Evidence can include the power of attorney itself, bank records, transfers, property records, closing documents, receipts, communications, and other evidence showing what authority the agent had and what the agent actually did.

Could a power of attorney agent be removed in Florida?

  • Yes. Florida law allows a court to review an agent’s conduct, terminate the agent’s authority, remove the agent, and grant other appropriate relief.

Can a family member challenge a power of attorney agent?

  • Potentially. Florida law permits certain interested persons to petition the court when they meet the statutory requirements for intervention. A family relationship by itself does not determine whether someone has standing.

Can a power of attorney agent be required to provide an accounting?

  • An agent has a statutory duty to keep records of receipts, disbursements, and transactions made for the principal, and an accounting may be required in appropriate circumstances.

What happens to a power of attorney after the principal dies?

  • The power of attorney terminates when the principal dies. Transactions carried out before death can still become relevant to a later probate or estate dispute.

When a Financial Power of Attorney Goes Wrong

A financial power of attorney is built on a simple arrangement: one person gives another person authority to handle matters the principal cannot or does not want to handle personally.

Most of the time, that arrangement exists because someone needs help.

When the relationship breaks down, the family may be left reconstructing months or years of financial decisions while trying to determine who has the legal authority to do something about them.

That is why the document, the financial records, the agent’s conduct, and the principal’s circumstances all need to be examined together.

If you believe a financial power of attorney has been misused in Coral Springs, Broward County, or elsewhere in South Florida, Reinfeld & Cabrera P.A. can review the circumstances and discuss the legal options available under Florida law.

This article provides general information about Florida law and is not a substitute for legal advice concerning a particular situation.

The Hidden Dangers of Joint Ownership with Right of Survivorship in Florida

Posted on | by mP@
Diagram comparing Joint Tenancy with Right of Survivorship against a Revocable Living Trust under Florida law.

Direct Answer:

Joint Tenancy with Right of Survivorship (JTWROS) in Florida bypasses probate under Fla. Stat. § 689.15, but it completely overrides your Last Will and Testament. Upon the death of one joint owner, title vests immediately and automatically in the surviving owner. This exposes assets to the survivor’s future creditors, potential remarriage claims, and total disinheritance of biological children from prior marriages.

Governed by Will Directives Joint Tenancy completely overrides your Will. A Revocable Trust strictly enforces every distribution instruction in your estate plan.
Co Owner Creditor Protection Joint Tenancy exposes your assets to co owner debts and lawsuits. A Revocable Trust protects assets from third party beneficiary liabilities.

Many South Florida homeowners and account holders add adult children, second spouses, or relatives to bank accounts and real estate deeds as a quick shortcut to avoid formal probate court proceedings.

While adding a joint owner appears convenient on the surface, Joint Tenancy with Right of Survivorship (JTWROS) is one of the most unpredictable, blunt force mechanisms in estate planning. Under Florida property and probate law, joint titling strips away your lifetime financial control, exposes your hard earned assets to outside lawsuits, and routinely triggers accidental family disinheritance.

3 Fatal Vulnerabilities of Joint Ownership Under Florida Estate Law

1. Automatic Property Transfer Overrides Your Will and Intentions

Under Florida Statute § 689.15, when property or financial assets are held as joint tenants with right of survivorship, the deceased co owner’s interest transfers instantly to the surviving co owner upon death by operation of law.

Your Last Will and Testament, Revocable Trust instructions, or verbal promises made to family members carry zero legal weight. If a parent adds one adult child to a Coral Springs real estate deed purely for administrative convenience or convenience check writing, that child becomes the sole legal owner upon the parent’s death, completely cutting out their siblings regardless of what the parent’s Will specifies.

2. Immediate Asset Exposure to Co Owner Liabilities and Creditors

The moment you name a joint owner on a bank account or Broward County real estate deed, that individual gains immediate legal ownership rights. If your co owner faces a divorce proceeding, automobile accident lawsuit, business bankruptcy, or personal tax lien, judgment creditors can attach claims directly to your shared asset. You effectively gamble your lifelong financial security on your co owner’s personal financial discipline and legal stability.

3. The Blended Family Disinheritance Trap

In blended families with children from prior relationships, joint titling regularly causes catastrophic estate outcomes.

When a married couple holds real estate or bank accounts jointly with right of survivorship, all assets vest exclusively in the surviving spouse upon the first spouse’s death. When that surviving spouse eventually passes away, the entire estate passes to their personal biological children or designated heirs. The biological children of the spouse who passed away first receive nothing, creating permanent financial alienation between stepfamilies.

Official Florida real estate deed document highlighting joint tenancy with right of survivorship legal language.

Real World Legal Case Study: In re Estate of Kester

A clear example of how joint titling destroys testamentary intent is illustrated in the official Florida legal precedent In re Estate of Kester, Fla. 4th DCA 1986), decided by the Fourth District Court of Appeal in West Palm Beach.

The Case Background

In this landmark dispute, a mother executed a formal Last Will and Testament directing that her entire estate be divided equally among her children. However, for everyday banking convenience, she established joint bank accounts and credit union shares with right of survivorship naming only one of her daughters as a co owner.

The Legal Conflict

Following the mother’s death, the siblings brought legal action in court, arguing that the funds in the joint accounts were intended for the benefit of all children under the terms of the mother’s Will, and that the joint owner held those funds merely as a fiduciary for the estate.

The Court Ruling

The Fourth District Court of Appeal ruled firmly against the other siblings. The appellate court held that under Florida statutory law governing joint accounts, titling an account as joint tenancy with right of survivorship creates a strong legal presumption of an absolute gift to the surviving joint owner.

Because the disappointed siblings could not provide clear and convincing written evidence proving the mother did not intend to create a survivorship right at the exact moment the accounts were established, the surviving joint daughter kept the entirety of the money. The clear instructions contained inside the mother’s Last Will and Testament were completely ignored and legally powerless.

Superior Florida Legal Alternatives to Joint Ownership

Rather than risking loss of control or accidental disinheritance through joint titling shortcuts, comprehensive estate plans utilize flexible legal structures designed under Florida statutory law:

1. Revocable Living Trust

Establishing a trust under Fla. Stat. Chapter 736 allows you to maintain 100 percent sole authority over your real estate and financial accounts during your lifetime. Upon death, your named successor trustee distributes property to your designated beneficiaries according to your exact written terms, achieving complete probate court avoidance without exposing your assets to co owner debts or disinheriting loved ones.

2. Florida Financial Durable Power of Attorney

If your main objective is allowing a trusted child or relative to assist with bill paying, property maintenance, or financial management during a health crisis, executing a Durable Power of Attorney (Fla. Stat. § 709.2104) grants them legal administrative authority without giving them property ownership rights or subjecting your assets to their personal creditors.

3. Enhanced Life Estate Deed (Lady Bird Deed)

For primary residential property in Coral Springs, Fort Lauderdale, or anywhere in Broward County, an Enhanced Life Estate Deed allows a property owner to retain total lifetime ownership rights, including the right to sell, lease, or mortgage the home without obtaining permission, while designating an automatic transfer on death beneficiary that completely bypasses Florida probate.

Aerial view of residential homes in Coral Springs Broward County Florida illustrating real estate property ownership.

Frequently Asked Questions

Does joint ownership avoid probate in Broward County?

  • Yes, joint tenancy with right of survivorship avoids probate upon the death of the first co owner. However, when the surviving owner eventually passes away without establishing formal trust planning, the property must pass through formal Florida probate administration.

Can I remove a joint owner from my Florida real estate deed without their consent?

  • No. Once an individual is added to a deed as a joint tenant in Florida, you cannot remove them, sell the property, or execute mortgages without their formal notarized signature, even if you originally paid for the entire property yourself.

What is the legal difference between Joint Tenancy and Tenancy by the Entirety in Florida?

  • Tenancy by the Entirety is a specialized form of joint ownership reserved strictly for legally married couples under Florida law. It provides built in creditor protection against individual spouse liabilities that standard Joint Tenancy does not offer.

Can a Last Will override a joint bank account in Florida?

  • No. Under Florida law, joint accounts with right of survivorship transfer automatically upon death. A Last Will carries no legal authority to alter or redistribute funds held in a valid joint survivorship account.

Protect Your Property and Family Autonomy in Coral Springs

Shortcuts like joint ownership frequently create expensive courtroom battles and ruined family relationships later on. The legal team at Reinfeld & Cabrera, P.A. helps South Florida property owners evaluate titles, structure revocable living trusts, and secure family legacies across Broward County.

Schedule a Free Confidential Legal Evaluation

Ensure your assets and real estate remain completely protected under Florida law:

  • Direct Phone: (954) 866-4878 | (954) 334-1520
  • Coral Springs Main Office: 9625 W Sample Rd, Coral Springs, FL 33065
  • Fort Lauderdale Office: 2933 W Cypress Creek Rd, Suite 201, Ft Lauderdale, FL 33309
  • Online Scheduling: mypersonalattorneys.com
  • Regional Coverage: Coral Springs, Fort Lauderdale, Parkland, Tamarac, Margate, Coconut Creek, and surrounding Broward County communities.

Understanding the Florida Probate Process: What Happens After Someone Dies?

Posted on | by mP@
Florida probate process documents and estate administration materials on a legal desk

When someone dies, their family may need to go through probate before certain assets can be transferred to the people entitled to receive them. Probate is a court supervised process used to identify and gather probate assets, address valid debts and creditor claims, and distribute the remaining property according to the will or Florida law.

For families in Coral Springs, Broward County, and throughout South Florida, the process can raise practical questions quickly. Which assets have to go through probate? Who handles the estate? How are creditors paid? How long does the process take? And does every estate requi3re the same type of probate administration?

The answers depend on the assets involved, the existence and terms of a will, the value of the estate, creditor issues, and other circumstances.

What Is Probate in Florida?

Probate is a legal process for administering a deceased person’s probate estate. Florida courts describe probate as a court supervised process for identifying and gathering assets, paying debts, and distributing assets to beneficiaries. Probate generally applies only to probate assets, rather than everything the deceased person owned.

A probate asset may include a bank or investment account held solely in the deceased person’s name, or certain real property owned individually by the deceased. Assets with a valid mechanism for passing automatically to another person may not need to be administered through probate.

This distinction matters because a person’s total property does not necessarily equal the property that must be handled through a probate proceeding.

What Are the Steps in the Florida Probate Process?

Although every estate is different, a probate administration commonly involves several stages.

1. The probate case is opened

The proceeding is generally filed with the clerk of the circuit court in the appropriate Florida county. Venue is ordinarily based on the deceased person’s domicile at the time of death.

The documents required at the beginning of the case depend on the circumstances, including whether the deceased person left a will and which type of administration is appropriate.

2. The will is submitted to the court, if there is one

If the deceased left a will, it must be presented to the probate court and admitted according to Florida law.

A will does not, by itself, transfer every asset immediately to the people named in it. Probate may still be necessary to establish the authority to administer probate assets and complete the estate administration.

If there is no valid will governing the property, Florida’s intestacy laws determine who is entitled to inherit.

3. A personal representative is appointed

Florida generally uses the term personal representative for the person appointed to administer a probate estate.

The personal representative’s responsibilities can include identifying estate assets, dealing with creditors, protecting estate property, paying authorized expenses and obligations, and eventually distributing assets to the appropriate beneficiaries or heirs.

The personal representative is a fiduciary. Florida law requires that person to administer and distribute the estate consistently with the will and the law and to act in the best interests of the estate and interested persons.

The person nominated in a will may have priority for appointment, although the court must still apply Florida’s statutory requirements concerning who may serve.

4. The estate’s assets are identified and gathered

The personal representative must determine what property belongs to the probate estate and take the steps necessary to administer those assets.

This can involve locating financial accounts, real property, personal property, business interests, or other assets. It can also require determining whether particular assets pass outside probate because of joint ownership, beneficiary designations, trusts, or other arrangements.

This is one reason a probate case cannot always be understood simply by looking at the deceased person’s will.

5. Creditors are given an opportunity to file claims

An estate may have outstanding debts when someone dies. Florida law provides procedures for notifying creditors and establishing deadlines for claims against the estate.

A creditor’s claim generally must be filed within the applicable statutory period. Under Florida Statutes section 733.702, many claims must be filed no later than the later of three months after the first publication of the notice to creditors or 30 days after service of the notice on a creditor who is required to receive it. Untimely claims can be barred, subject to limited statutory exceptions.

The personal representative may also have to evaluate and respond to claims filed against the estate. A disputed claim can create additional proceedings and delay the administration.

6. Valid expenses and obligations are paid

Not every debt or expense is treated identically.

Florida law establishes an order of priority for paying expenses and obligations of an estate. Administration expenses, certain funeral expenses, specified taxes and debts, certain medical expenses, family allowances, and other obligations fall into statutory classes.

This means that simply finding a debt does not necessarily answer the question of whether, when, or how it will be paid.

7. Remaining assets are distributed

After the estate’s obligations have been addressed and the requirements for distribution have been satisfied, the remaining probate assets can be distributed to the beneficiaries named in the will or to the heirs entitled to receive property under Florida’s intestacy laws.

The personal representative must follow the governing legal documents and Florida law rather than simply distributing property according to informal family agreements.

8. The estate is closed

The final stage involves completing the administration and taking the steps required to close the probate estate.

The timing varies considerably. A straightforward estate with few assets and no disputes can be very different from an estate involving contested claims, difficult-to-value property, creditor disputes, litigation, or disagreements among beneficiaries.

Does Every Florida Estate Go Through the Same Probate Process?

No.

Florida recognizes formal administration and summary administration, along with limited circumstances in which certain personal property can be transferred without a formal administration.

Formal Administration

Formal administration is the more extensive probate procedure. It can involve the appointment of a personal representative, administration of estate assets, creditor procedures, payment of obligations, and distribution of the remaining property.

It is generally used when the circumstances of the estate require a full administration.

Summary Administration

Summary administration is a shorter procedure available when the statutory requirements are met.

Under current Florida law, summary administration may be available when the value of the estate subject to administration, after accounting for property exempt from creditor claims, does not exceed $150,000, or when the deceased person has been dead for more than two years.

The court can enter an order directing distribution of the estate’s assets, but summary administration still involves legal requirements concerning beneficiaries, assets, and creditors.

A smaller estate is therefore not automatically the same thing as an estate that requires no probate.

Documents representing the steps of probate administration in Florida

How Long Does Probate Take in Florida?

There is no single timeline that applies to every Florida probate case.

The length of an estate administration can depend on:

  • The type of probate administration
  • The number and nature of the estate’s assets
  • Whether real estate must be transferred or sold
  • Whether creditors file claims
  • Whether a claim is disputed
  • Whether beneficiaries disagree
  • Whether litigation becomes necessary
  • Whether assets are difficult to locate or value
  • Whether tax or other financial issues require additional work

Creditor procedures can also create important timing requirements. For example, Florida law establishes specific periods for filing and objecting to creditor claims and provides rules governing when certain claims may be paid.

For that reason, estimates based solely on the size of an estate can be misleading.

What Happens If Family Members Disagree During Probate?

Probate does not automatically prevent disputes between beneficiaries, heirs, creditors, or the personal representative.

Disagreements can involve the validity or interpretation of a will, the identification or valuation of assets, creditor claims, the conduct of the personal representative, or the proposed distribution of estate property.

Some issues can be resolved without extended litigation. Others require court intervention.

The personal representative has fiduciary duties during administration, and Florida law provides procedures for addressing problems involving the administration of an estate.

Does Having a Will Avoid Probate in Florida?

Not necessarily.

A will tells the court how the deceased person wants certain property distributed, but having a will does not automatically eliminate the need for probate.

Whether an asset passes through probate depends on how that asset is owned and whether another legal mechanism controls its transfer at death.

This is why estate planning and probate are related but distinct subjects. A person can have a carefully prepared will and still have a probate estate requiring court administration.

Probate attorney workspace serving Coral Springs and Broward County families

When Should You Speak With a Probate Attorney?

Professional advice can be particularly important when an estate includes significant assets, real property, creditor issues, business interests, disputed claims, beneficiary disagreements, or questions about the personal representative’s conduct.

The right approach also depends on whether the estate qualifies for summary administration or requires formal administration.

For families in Coral Springs, Broward County, and South Florida, understanding the type of estate involved is often the first step toward understanding what the probate process will actually require.

Frequently Asked Questions About the Florida Probate Process

What is the first step in probate in Florida?

  • The first step depends on the circumstances of the estate, but probate generally begins with filing the appropriate documents with the circuit court in the proper county. If there is a will, it is submitted to the court as part of the probate process.

How long does probate take in Florida?

  • There is no fixed timeline for every estate. The length depends on the type of administration, the assets involved, creditor issues, disputes, and other circumstances.

What is the difference between formal and summary probate in Florida?

  • Formal administration is the more extensive probate procedure. Summary administration is a shorter procedure available when statutory requirements are satisfied, including the current $150,000 estate value threshold or the alternative two year period after death.

Does every asset have to go through probate?

  • No. Probate generally applies to probate assets. Certain jointly owned assets, beneficiary designated accounts, and other property may pass outside probate depending on how they are structured.

What does a personal representative do?

  • A personal representative administers the estate. Duties can include gathering assets, dealing with creditor claims, paying authorized expenses and obligations, and distributing property according to the will and Florida law. The personal representative also has fiduciary duties to the estate and interested persons.

Can probate become a lawsuit?

  • Yes. Probate is a court proceeding, and disputes concerning wills, assets, creditor claims, beneficiaries, or estate administration can require litigation or other contested proceedings.

Can a Florida estate avoid formal probate?

  • Sometimes. Florida law provides summary administration for qualifying estates and limited procedures for disposing of certain personal property without administration. Whether one of these alternatives applies depends on the specific facts of the estate.

Probate Guidance for Families in Coral Springs and Broward County

Probate is not one identical process for every Florida family. The appropriate procedure depends on the person’s assets, debts, estate planning documents, beneficiaries, and other circumstances.

If you are dealing with an estate in Coral Springs, Broward County, or elsewhere in South Florida, a probate attorney can review the circumstances and explain which type of administration may apply and what steps are likely to follow.

How Do the Pieces of an Estate Plan Work Together?

Posted on | by mP@
Infographic illustrating how wills, trusts, and asset titles integrate into a unified estate planning system

Direct Answer:

An estate plan under Florida law is not a single isolated document, but an interlocking system of distinct legal instruments.

To function effectively, it coordinates asset titling (how property is owned), contractual beneficiary designations (such as life insurance and retirement accounts that bypass probate), revocable living trusts (for private asset management), and a Last Will and Testament (which acts as an administrative backstop for stray assets and nominates guardians for minor children under the 17th Judicial Circuit probate framework).

Direct Transfer Instruments Beneficiary designations and trusts that bypass probate to route funds directly to intended recipients.
The Backstop Administration Wills and probate courts acting as the administrative safety net for any leftover or stray assets.

A common misconception among clients entering an attorney’s office is that estate planning is merely a shopping exercise. People assume they need to choose between buying a will or setting up a trust. As if these documents were competing consumer products on a shelf.

In practice, a durable estate plan functions less like a single document and more like an interlocking machine. Each piece: whether it is a deed, a beneficiary designation, a trust agreement, or a last will and testament – answers a different legal question about your property, your care, and your family’s future security under Florida law.

Asset Ownership Sets the Foundation

Every legal instrument relies entirely on the underlying registration of your property.

The name on a title holds more legal authority over where property goes than almost any standard clause you can write down. Consider how differently law treats various holdings. A commercial storefront in Coral Springs tied to a corporate entity, a family home structured with survivorship rights, or an ordinary checking account carrying no payable on death instructions. Each follows its own strict statutory track.

Property registration and testamentary instruments point in opposite directions. The title or contractual beneficiary designation almost always supersedes your written documents. For instance, naming a child in a will has no legal effect on a bank account where a different individual is listed as the sole payable on death recipient. A thorough planning process evaluates these existing ownership titles first. Therefore ensuring that deeds, corporate shares, and financial accounts are adjusted or harmonized before any wills or trusts are finalized.

Different Assets Can Follow Different Paths

When an individual passes away, their property does not automatically flow down one universal river. Different asset classes utilize entirely distinct legal conduits:

  • Contractual Transfers: Life insurance policies, retirement accounts, and payable on death bank accounts bypass both wills and trusts entirely. Thus transferring directly to named beneficiaries by operation of contract law.
  • Trust Administration: Assets properly titled in the name of a revocable living trust flow privately through trustee administration without judicial interference.
  • Probate Administration: Assets left solely in an individual name with no beneficiary designation must be processed through the probate court system.

Understanding that these pathways operate simultaneously is the key to grasping how an estate plan actually functions.

The Operational Reality of Financial Accounts and Institutional Payables

A common blind spot in estate planning is assuming that legal documents command absolute authority over every dollar an individual owns. In practice, financial institutions, such as major banks operating in Coral Springs and regional credit unions, don’t act like this. They do not look to your will or trust first when an account holder passes away.

Instead, financial operations are strictly governed by internal institutional protocols and direct account contracts. When a bank representative reviews an account after a death certificate is presented, they execute whatever binding agreement is physically attached to that specific account file. If a bank ledger lists an individual payable on death designation, or if a brokerage account registers a transfer on death instruction, institutional compliance departments are legally bound to disburse those funds directly to the named individual, bypassing any instructions found in a trust agreement or a court supervised will.

An integrated estate plan accounts for this operational friction by auditing every institutional account agreement during the drafting phase. Therefore ensuring that corporate paperwork matches your overarching legal strategy before a financial institution ever faces a disbursement decision.

Where the Will Fits Into the Plan

Rather than acting as the absolute ruler of your entire estate, a Last Will and Testament serves a specific structural purpose within the broader system.

Within an integrated plan, a will functions primarily as a legal backstop. It catches stray assets that were never retitled into a trust. Names guardians for minor children. It also nominates the personal representative to manage the probate administration process if court intervention becomes necessary.

Where a Trust Fits Into the Plan

A revocable living trust operates as an alternative operating system for asset management and distribution.

When properly funded during your lifetime, the trust holds legal title to your major property holdings. Instead of directing asset distribution through public probate filings, the trust instrument coordinates private management rules. It establishes exact conditions for beneficiaries, and governs how assets are handled if you experience temporary or permanent incapacity.

What Happens When Probate Enters the Picture?

Probate is often misunderstood as an estate planning document or a failure of foresight. In a well-coordinated plan, probate is simply recognized for what it is: a judicial administration route.

If certain assets remain outside your trust or lack beneficiary designations, the probate court becomes the mandatory administrative mechanism required to clear title and transfer ownership. The goal of comprehensive planning is not always to eliminate every possibility of court involvement, but to ensure that probate handles only what is necessary while private mechanisms handle the bulk of your wealth.

What Happens When the Pieces Do Not Match?

The most critical test of an estate plan occurs when its individual instruments conflict with one another.

Consider a scenario where an individual executes a trust directing that their financial account be divided equally among three children, but the underlying bank account form lists only one child as a payable on death beneficiary. Under Florida law, the contractual beneficiary designation on the account typically overrides the instructions in the trust or will.

When beneficiary designations, trust agreements, and asset titles point in opposing directions, family disputes and unintended disinheritances frequently follow. Coordination prevents these friction points.

Estate Planning Also Covers Incapacity

An estate plan is incomplete if it focuses exclusively on death. A truly integrated system addresses the reality of potential lifetime incapacity.

Through durable powers of attorney and healthcare surrogate designations, your plan designates trusted individuals to manage financial transactions, sign documents, and make medical decisions if you are unable to speak for yourself. These instruments integrate seamlessly with your property management framework, ensuring continuity whether you are navigating daily life or managing a medical crisis in Broward County.

Professional law office building exterior in Coral Springs Florida serving Broward County estate planning clients.

Frequently Asked Questions

Does having a revocable living trust mean my estate will completely avoid probate in Florida?

  • Not automatically. A trust only avoids probate for assets that were properly titled in the name of the trust during your lifetime. Any remaining individually owned assets left outside the trust at the time of death will still require a probate administration unless alternative transfer mechanisms apply.

Can a beneficiary designation override the instructions written in my last will and testament?

  • Yes. Contractual arrangements such as life insurance policies, retirement accounts, and payable on death bank accounts operate independently of a will. The financial institution distributes funds directly to the named beneficiary on file, regardless of what your will states.

Why is asset titling just as important as drafting a will or trust?

  • Asset titling dictates the legal pathway property travels upon death or incapacity. If your legal documents specify one distribution plan but your deeds or account titles are registered under a conflicting ownership structure, the ownership title or beneficiary form frequently overrides your written documents.

How does local court jurisdiction in Broward County affect the administration of an estate plan?

  • When an estate plan requires judicial oversight, such as formal or summary administration through the 17th Judicial Circuit Court in Broward County, local procedural rules govern how property titles are cleared and distributed.
  • An integrated estate plan accounts for these local court requirements ahead of time, minimizing administrative delays for real estate located in Coral Springs, Parkland, or Fort Lauderdale by ensuring property deeds and trust funding are properly structured before probate ever becomes necessary.

What happens if instructions in a revocable living trust contradict a financial account beneficiary form?

Coordinate Your Estate Plan in Broward County

The goal of estate planning is not to accumulate the largest stack of legal documents. It is to ensure that your ownership titles, beneficiary forms, trusts, and wills work together as a unified system to protect your family and assets.

The attorneys at Reinfeld & Cabrera, P.A. assist clients across Coral Springs and Broward County in evaluating their complete asset picture and building cohesive, integrated estate plans.

Schedule a Confidential Consultation

Ensure your legal instruments work together seamlessly under Florida law:

  • Direct Phone: (954) 866-4878 | (954) 334-1520
  • Coral Springs Main Office: 9625 W Sample Rd, Coral Springs, FL 33065
  • Fort Lauderdale Office: 2933 W Cypress Creek Rd, Suite 201, Ft Lauderdale, FL 33309
  • Website: mypersonalattorneys.com

What Happens to Your Estate Plan When Your Spouse Dies First?

Posted on | by mP@
Estate planning attorney reviewing legal documents and financial accounts for a client in Coral Springs, Broward County.

When a married couple creates an estate plan, most of the attention naturally goes toward what happens after both spouses have died. But there is another moment that can be just as important: the death of the first spouse.

That event can change ownership of assets, activate provisions in a trust, affect beneficiary designations, create tax filing opportunities, and alter the plan the surviving spouse will eventually leave behind.

For families in Coral Springs and throughout Broward County, this is one reason an estate plan should be reviewed after a spouse dies. The documents may still be valid, but the circumstances they were designed to address have changed.

And that can make a surprisingly big difference under Florida law.

The First Death Is a Turning Point, Not the End of the Plan

An estate plan for a married couple is usually built around two different deaths.

The first death determines what happens to the deceased spouse’s property and what the surviving spouse receives or controls. The second death determines what ultimately passes to children, other beneficiaries, charities, or other intended recipients.

Those two events are connected.

For example, a couple may have arranged their assets so that the surviving spouse has financial security while certain property remains subject to a particular trust structure. Another couple may have arranged for most assets to pass directly to the surviving spouse.

Both plans can be legally sound. But they can produce very different results later.

The important question after the first death is therefore not simply, “Who inherited?”

It is:

“What did the first death activate, and what does the surviving spouse’s estate now look like?”

What Happens to the Assets After the First Spouse Dies?

The answer depends on how each asset was owned and how the estate plan directed it.

Some property may pass under a will. Some may pass according to a trust. Other assets may pass through beneficiary designations or forms of joint ownership.

This is why looking only at the will is rarely enough.

The surviving spouse and the estate’s attorney may need to review:

  • Real estate ownership
  • Bank and investment accounts
  • Retirement accounts
  • Life insurance
  • Business interests
  • Jointly owned property
  • Beneficiary designations
  • Trust assets
  • Debts and obligations
  • Prior gifts
  • Property that may be included in the deceased spouse’s taxable estate

The practical problem is that these pieces do not necessarily follow the same path.

A beneficiary designation can control an account without sending it through the will. A jointly owned asset can operate differently from separately owned property. A trust can contain instructions that become relevant immediately after death.

This is one reason the death of a spouse should trigger a full review of the estate plan in South Florida, rather than simply checking off the probate process and moving on.

The Estate Tax Question Begins With the First Death

Estate tax planning can become especially important when a married couple has substantial assets.

For deaths occurring in 2026, the federal basic exclusion amount is $15 million. (It is worth noting that Florida does not currently levy a state level estate tax). An estate generally must file Form 706 when the applicable federal filing threshold is exceeded. But there is another important reason to file: the executor can use Form 706 to elect portability of the deceased spouse’s unused exclusion for the surviving spouse.

That second point is easy to overlook.

Suppose one spouse dies with an estate substantially below the federal exclusion amount. It might appear that there is no reason to think about an estate tax return because no federal estate tax is due.

That conclusion can be premature.

A properly filed estate tax return can allow the surviving spouse to receive the deceased spouse’s deceased spousal unused exclusion amount, commonly called DSUE. The surviving spouse may then be able to use that amount against certain later taxable transfers during life or at death.

In other words, “No estate tax is due” and “there is nothing worth filing” are not necessarily the same thing.

What Is Portability?

Portability allows a deceased spouse’s unused federal estate tax exclusion to be transferred to the surviving spouse.

The surviving spouse does not receive the unused exclusion automatically. The deceased spouse’s estate must make the portability election through a properly prepared Form 706.

For a 2026 death, the normal Form 706 deadline is nine months after the date of death, with a possible six month extension. Certain estates that were not otherwise required to file can also qualify for a simplified procedure allowing a late portability election within five years of the decedent’s death.

That deadline is one of the reasons the issue deserves attention soon after the first spouse dies.

The family may be dealing with grief, probate, property transfers, insurance claims, financial accounts, and a long list of practical problems. The tax filing may feel like something that can wait.

Sometimes it cannot.

Why the Surviving Spouse’s Future Estate Matters

Imagine a married couple with substantial assets.

The first spouse dies. Most of the property passes to the surviving spouse, who continues living in the family home, maintains the investment portfolio, and eventually receives additional assets.

Years later, the surviving spouse dies.

At that point, the estate is measured again.

The surviving spouse’s estate may look very different from the estate that existed at the first death. Investments may have appreciated. Real estate may have increased substantially in value. Retirement accounts may have changed. The surviving spouse may have received additional property or made significant gifts.

That means the planning opportunity at the first death can have consequences years later.

Stuart Reinfeld explains the practical issue this way:

“The surviving spouse should not assume that the estate plan is finished simply because the first estate was administered. The first death can change the legal and financial circumstances that the original plan was built around.”

That review does not necessarily mean rewriting everything.

It means determining whether the structure still accomplishes what the couple originally intended.

Does a Trust Automatically Save Estate Taxes?

No.

This is an important distinction because older estate planning materials sometimes make trusts sound like tax saving machines.

A revocable living trust can be an important part of an estate plan, but simply placing assets in a revocable trust does not automatically eliminate federal estate tax.

The tax consequences depend on the actual structure, ownership, applicable exclusions, elections, deductions, beneficiary arrangements, and the circumstances surrounding the transfer.

The more useful question is therefore:

How does the trust operate after the first spouse dies, and what does that structure accomplish?

In some estate plans, trust provisions may help determine who controls property, who benefits from it, and how it is treated after the first death. In others, assets may pass directly to the surviving spouse.

The answer depends on the plan.

That is why copying a trust structure from another family is a particularly bad form of estate planning.

Conceptual illustration showing wills, trusts, and beneficiary designations working together as an interlocking system under Florida law.

When the First Death Changes the Tax Strategy

A married couple may have several potential ways to structure property at the first death.

One approach may leave property directly to the surviving spouse. The federal marital deduction can generally allow qualifying property passing to a surviving U.S. citizen spouse to be deducted from the deceased spouse’s gross estate.

That can defer estate tax rather than necessarily eliminate it.

Other arrangements can involve trusts or other structures designed to address control, beneficiary protection, tax planning, or a combination of these concerns.

The appropriate structure depends on the family’s circumstances.

For example, a couple with a relatively straightforward estate may have different concerns from a couple who owns several properties, a closely held business, significant investments, or substantial assets expected to appreciate.

Alan Reinfeld explains the practical point this way:

“The first spouse’s death is often the moment when the surviving spouse’s estate plan needs to be reconsidered. The plan was created for two people. After one dies, it is a plan for one.”

That is especially important when the family’s wealth is likely to change substantially over time.

Case Study: When “Everything Went to My Spouse” Was Not the Whole Story

Consider a hypothetical couple living in Coral Springs, Michael and Laura.

They own their home, investment accounts, several retirement accounts, and other assets with a combined value of approximately $10 million.

Michael dies first.

The immediate result appears simple. Laura receives the property intended for her, the family home remains in her hands, and there is no federal estate tax bill because the estate is below the 2026 $15 million basic exclusion amount.

The family assumes the tax issue is finished.

But Laura’s attorney asks a different question:

Was portability elected?

Michael’s estate may have had unused federal exclusion available for Laura. If the executor makes the appropriate election, that unused amount may become available to Laura for later taxable transfers.

Now consider what happens over the next decade.

Laura’s investments appreciate. She sells one property and reinvests the proceeds. The family home increases substantially in value. She also receives additional assets.

By the time Laura dies, her estate is considerably larger than the estate Michael left behind.

The first death did not produce an immediate estate tax problem. But decisions made at that time could still affect the tax position of Laura’s eventual estate.

The lesson is not that every couple needs a complicated trust structure.

The lesson is that the first death can create decisions whose consequences will not become visible until years later.

What Should the Surviving Spouse Review?

After the first spouse dies, a surviving spouse should consider reviewing at least the following:

  1. How each asset passed: Determine which assets passed through a will, trust, beneficiary designation, joint ownership, or another mechanism.
  2. Whether an estate tax return should be filed: Even when no estate tax is immediately owed, filing may be important if the estate wants to elect portability.
  3. Whether portability was elected: If the surviving spouse may benefit from the deceased spouse’s unused exclusion, confirm whether the election was made and whether the return was properly prepared.
  4. The surviving spouse’s new asset picture: The surviving spouse may now own or control assets that were previously divided between two estates.
  5. Future appreciation: An asset’s value today is not necessarily the value that will matter at the surviving spouse’s death.
  6. Beneficiary designations: Retirement accounts, insurance policies, and other accounts should be reviewed to determine whether their beneficiary designations still reflect the family’s intentions.
  7. Trust provisions: If a trust was involved, determine what happened to the trust at the first death and what rights and obligations now apply.
  8. The surviving spouse’s own estate plan: The surviving spouse is now the person whose eventual estate plan will determine what happens to the remaining assets.

That last step is often overlooked.

The estate plan should evolve because the family has changed.

What If the Surviving Spouse Remarries?

Remarriage can introduce another layer of planning.

Federal portability rules contain a last deceased spouse limitation. Generally, a surviving spouse’s DSUE amount is tied to the spouse who was most recently deceased at the relevant time. The IRS rules also address how remarriage can affect the use of a previously received DSUE amount.

That means remarriage should prompt another estate planning review.

The same is true if the surviving spouse:

  • Has additional children
  • Changes beneficiaries
  • Acquires or sells major assets
  • Starts or sells a business
  • Makes significant gifts
  • Moves assets into different ownership structures
  • Experiences a major change in financial circumstances

Estate plans have a bad habit of becoming outdated quietly.

What If Nobody Thought About Portability?

There is a useful safety net, but it should not become the planning strategy.

For certain estates that were not otherwise required to file Form 706, IRS procedures provide a simplified method for making a late portability election. Under Revenue Procedure 2022-32, qualifying estates can generally use the procedure by filing a complete Form 706 on or before the fifth anniversary of the decedent’s death.

That does not mean families should wait.

Eligibility requirements matter, and estates that were already required to file a return can face different rules concerning the deadline.

The practical lesson is simple: if the first spouse died without a portability election being considered, ask about it rather than assuming the opportunity is gone.

The First Death Should Trigger a Review, Not a Filing Frenzy

Estate administration can involve a remarkable amount of paperwork.

That does not mean every surviving spouse needs to rebuild an entire estate plan immediately.

The better approach is to identify what changed first.

What assets moved? Have assets remained in trust? What tax elections are available? Do deadlines apply? What does the surviving spouse now own? What will eventually pass from the surviving spouse’s estate?

Once those questions are answered, the family can determine whether the existing plan still makes sense.

For families in Coral Springs, Broward County, and throughout South Florida, an attorney can help review the documents, asset ownership, tax filings, and beneficiary arrangements together rather than treating each document as an isolated problem.

Because the first spouse’s death may be the point where the estate plan changes from a two person plan into a one person plan.

And that is a pretty important change to leave sitting in a filing cabinet.

Surviving spouse reviewing financial and estate planning documents with professional guidance in Broward County.

Frequently Asked Questions

Could a spouse automatically receive the deceased spouse’s unused estate tax exemption?

  • No. Portability generally requires the deceased spouse’s estate to make an election by filing Form 706. The surviving spouse may then be able to use the deceased spouse’s unused exclusion amount against certain later taxable transfers.

Does an estate tax return have to be filed if no estate tax is owed?

  • Not necessarily. For a 2026 death, the normal federal filing threshold is $15 million for a U.S. citizen or resident decedent, subject to applicable rules. However, Form 706 may also be filed to elect portability, even when the estate is below that threshold.

Does Florida have a state level estate tax when a spouse dies?

  • No. Florida does not currently impose a state estate tax or inheritance tax. Estate tax planning for families in Coral Springs and Broward County focuses entirely on federal estate tax rules, portability elections, and asset management structures.

How long does a family have to elect portability?

  • The normal federal deadline is nine months after death, with a possible six month extension. Certain estates that were not otherwise required to file may qualify for a simplified late election procedure within five years of the decedent’s death.

Does a living trust automatically reduce estate taxes?

  • No. A revocable living trust does not automatically eliminate federal estate tax. The tax consequences depend on how the assets, trust provisions, elections, deductions, and other parts of the estate plan interact.

Should the surviving spouse change the estate plan immediately?

  • Not necessarily. The first priority is understanding what changed after the death and identifying any deadlines or tax elections. Once the surviving spouse’s new financial and legal position is clear, the estate plan can be reviewed and changed where appropriate.

What happens to the surviving spouse’s estate when that spouse later dies?

  • The surviving spouse’s estate is evaluated based on the assets and applicable tax rules at that later death. The value of assets may have changed significantly since the first spouse died, which is one reason planning decisions made after the first death can have long term consequences.

Can a surviving spouse lose the benefit of a deceased spouse’s unused exclusion?

  • The rules are technical. Portability, later taxable transfers, and the identity of the surviving spouse’s last deceased spouse can all matter. Remarriage can also affect the use of a previously received DSUE amount.

Schedule a Consultation with Our Coral Springs Estate Planning Attorneys

If you are navigating the administration of an estate after the death of a spouse in Coral Springs, Broward County, or anywhere in South Florida, you do not have to sort through asset titles, tax elections, and trust provisions alone.

Alan Reinfeld and Stuart Reinfeld help families evaluate how a first death impacts the surviving spouse’s legal and financial reality. Contact our office today to schedule a confidential review of your estate plan and ensure every piece of your structure is aligned for the future.

Preplanning Funeral Arrangements in Florida: Trust Accounts, Preneed Laws, and Legal Traps

Posted on | by mP@
Elder law attorney reviewing preneed funeral and estate planning documents in Coral Springs, Broward County.

Preplanning your final arrangements is one of the most effective ways to lift an emotional and financial burden from your family. Documenting your wishes ensures that your funeral or cremation is handled according to your exact preferences. And without forcing grieving relatives to guess or overspend.

However, moving from preplanning (recording your wishes) to prepaying (funding those arrangements through a preneed contract) introduces complex financial and legal regulations.

For seniors and families in Coral Springs and throughout Broward County, navigating Florida’s preneed laws requires careful oversight. Without proper legal structuring, prepaying can expose your money to provider insolvency. It can also create inflexibility if you relocate, or unintended tax and Medicaid complications.

The Critical Legal Distinction: Preplanning vs. Preneed Contracts

Under Florida law, terminology matters significantly:

  • Preplanning (Preneed without funds): This is simply documenting your choices. Things as casket types, service locations, and disposition preferences—with a licensed funeral home, with zero money changing hands upfront.
  • Preneed Contract: This is a legally binding agreement where you pay for goods and services in advance.

Under Florida Statutes Chapter 497, preneed contracts are heavily regulated to protect consumers. But the specific funding mechanism dictates how secure your money actually is.

How Florida Law Protects (and Exposes) Your Prepaid Funds

When you purchase a preneed contract from a licensed funeral home in Florida, the provider must handle your money using one of two primary statutory methods:

1. Trust-Funded Preneed Contracts (§ 497.458, Fla. Stat.)

Under a trust arrangement, a portion of your payment (at least 70% of the service portion and specific percentages for merchandise) must be deposited into an independent trust. It should be managed by a financial institution, not kept in the funeral home’s operating account.

  • The Risk: Legally, trust-funded monies can leave the purchaser or their estate treated as an unsecured creditor. Especially if the funeral home faces financial distress or closes down.

2. Life-Insurance-Funded Preplans

An alternative approach involves funding the preneed agreement through a specialized final expense. Another option can be a whole life insurance policy where the funeral home is named as the beneficiary upon death.

Preneed Contracts and Medicaid Planning in South Florida

For many older adults in Broward County, preplanning intersects directly with Medicaid long-term care planning.

To qualify for Medicaid, applicants must meet strict asset limits (typically $2,000 for an individual). Florida law permits individuals to prepay funeral and burial expenses to reduce countable assets legally.

However, to count as an exempt asset for Medicaid purposes, a preneed funeral contract must be irrevocable.

  • The Trade-Off: Making a contract irrevocable means you permanently surrender the right to cash it out or change your mind for a refund.
  • The Legal Role: An experienced elder law attorney ensures that irrevocable burial trusts or preneed contracts are structured precisely to satisfy Department of Children and Families (DCF) guidelines without triggering unintended penalties.

Key Protections Every Consumer Must Demand

Before signing any preneed agreement or paying a funeral home in advance, protect your interests by verifying these statutory requirements:

  • Insist on the General Price List (GPL): Federal Trade Commission (FTC) rules and Florida law require providers to give you itemized price lists before you commit.
  • Review Portability Terms: If you move out of South Florida or wish to switch providers later, check whether your contract can be transferred cleanly without severe financial penalties.
  • Understand the Cancellation Window: Florida law provides a statutory right to cancel a preneed contract within 30 days of execution for a full refund. After that, cancellation terms depend strictly on whether the contract is revocable or irrevocable.
  • Get Price Guarantees in Writing: Ensure the contract specifies whether it is a “guaranteed” plan (meaning no additional out-of-pocket costs for your family at the time of death for the items listed) or a non-guaranteed plan that leaves families exposed to inflation gaps.
Attorney explaining irrevocable preneed burial arrangements for Medicaid asset protection in Broward County.

Frequently Asked Questions

Can I get my money back if I prepay my funeral in Florida?

  • If your preneed contract is revocable, you may cancel it, though refunds are subject to statutory formulas and trust rules under Chapter 497. If the contract was made irrevocable for Medicaid planning purposes, it cannot be canceled or refunded.

What happens if my prepaid funeral home goes out of business?

Is there a limit to how much I can prepay for burial arrangements under Medicaid?

  • While Medicaid allows unlimited pre-funding through properly structured irrevocable preneed burial contracts, separate designated burial cash accounts are typically capped at $2,500. Every dollar must comply strictly with Florida Medicaid asset rules.

Can a preneed funeral plan be transferred to another funeral home?

  • It depends on the funding mechanism. Insurance-funded plans are often portable nationwide, whereas trust-funded contracts tied to a specific local funeral home can involve transfer hurdles or administrative fees.

Schedule a Consultation with Our Coral Springs Elder Law Attorneys

Integrating funeral preplanning into a comprehensive estate or Medicaid plan requires balancing emotional peace of mind with strict financial protection.

Whether you are reviewing a preneed contract or structuring assets in Coral Springs, Broward County, or South Florida, Alan Reinfeld and Stuart Reinfeld can help. Contact our office today to protect your legacy and ensure your final wishes are legally secured.

How to Avoid Probate in Florida: Planning How Your Assets Pass After Death

Posted on | by mP@
Florida estate planning documents for avoiding probate in Coral Springs

Most people think of an estate plan as a set of documents: a will, perhaps a trust, powers of attorney, and other papers kept somewhere safe.

But there is another part of estate planning that matters just as much: how each asset is actually owned and what happens to it when you die.

A bank account can pass directly to a named beneficiary. A retirement account can do the same. Property owned with rights of survivorship may pass to the surviving owner. Assets properly transferred to a revocable trust can pass through the trust rather than through probate.

Other property may still become part of the probate estate.

So avoiding probate is not usually about finding one document or legal trick that makes the entire estate disappear from court supervision. It is about deciding, asset by asset, how ownership should change when you die.

Probate Is Not One Destination for Everything You Own

Imagine someone dies owning a house, a checking account, a retirement account, an investment account, and a life insurance policy.

It would be easy to think of all of these as “the estate” and assume they follow the same process.

They do not.

The legal mechanism attached to each asset can determine what happens next.

Asset or arrangementPossible transfer mechanismMay avoid probate?Main consideration
Life insurance with beneficiaryBeneficiary designationYesKeep the designation current
Retirement accountBeneficiary designationYesThe account designation matters
Bank account with POD designationPay on death designationYesFlorida law governs the transfer
Securities registered in beneficiary formTransfer on death registrationYesRegistration must comply with applicable requirements
Joint property with survivorshipSurvivorship rightsYesThe form of ownership matters
Properly funded revocable trustTrust administrationYesAssets must actually be transferred to the trust
Solely owned property without another mechanismProbate administrationGenerally noProbate may be required
Florida homesteadSpecial rulesDependsFamily and ownership circumstances matter

Florida law specifically provides for pay on death accounts and allows qualifying securities registered in beneficiary form to pass to surviving beneficiaries rather than becoming part of the deceased owner’s estate.

That is why estate planning is better understood as a system of ownership and transfer than simply a collection of documents.

Start With the Asset, Not the Will

A will is important, but it does not necessarily control every asset you own.

If a retirement account names a beneficiary, that designation can determine who receives it. A valid pay on death designation can cause funds in a qualifying account to pass directly to the surviving beneficiary. Securities registered in beneficiary form can likewise pass according to that registration.

The more useful question is therefore:

Does the way this asset is titled or designated actually match the estate plan?

A will can say one thing while an outdated beneficiary designation says another.

Marriage, divorce, the birth of children, the death of a beneficiary, remarriage, or a major change in financial circumstances can all be reasons to review these arrangements.

Beneficiary Designations: Simple, but Worth Reviewing

Beneficiary designations are among the most straightforward ways to arrange for certain assets to pass outside probate.

Florida’s pay on death statute covers deposit accounts including checking accounts, savings accounts, certificates of deposit, and similar accounts. When the relevant account owner dies, the funds generally pass according to the valid designation.

Florida also has a separate statutory system for securities registered in beneficiary form. Under §711.507, ownership passes to beneficiaries who survive the owner or owners, subject to the statutory requirements.

Reviewing beneficiary designations and financial assets for probate planning in Broward County

Similar arrangements are common with:

  • Life insurance
  • Retirement accounts
  • Annuities
  • Certain investment accounts
  • Pay on death bank accounts

The important word is designation.

An estate plan may have been carefully prepared years ago, but the financial institution generally follows the designation governing the account or policy.

That makes beneficiary review an important part of estate planning.

A Revocable Trust Can Avoid Probate, but It Has to Be Funded

A revocable living trust is one of the best-known probate avoidance tools.

During the owner’s lifetime, assets are transferred to the trust and managed by the trustee. After death, the successor trustee can administer trust property without requiring a probate appointment for those particular assets.

But signing the trust is only part of the process.

The Florida Bar puts it plainly: “The ‘funding’ of a revocable trust is critical to successfully avoid probate.”

A trust document does not automatically place every asset you own into the trust.

If assets remain titled solely in the deceased person’s name, those assets may still require probate. The Florida Bar notes that an incompletely funded trust can result in both probate administration for assets outside the trust and trust administration for assets held by the trust.

The documents and the ownership records therefore need to agree.

Joint Ownership Can Avoid Probate. It Can Also Change Your Rights Now.

Joint ownership with survivorship rights can allow property to pass automatically to the surviving owner.

That can be useful. It is also more consequential than simply naming someone as a beneficiary.

Adding another person as a joint owner can give that person legal rights during your lifetime. Depending on the asset and ownership arrangement, joint ownership can also create complications involving creditors, taxes, estate expenses, simultaneous deaths, or unequal treatment among heirs.

The Florida Bar warns that joint ownership can sometimes “cause more problems than it solves.”

The point is not that joint ownership is inherently problematic. It is that avoiding probate should not be the only consideration when deciding who should own an asset.

“People often think avoiding probate requires something complicated. In many cases, it starts with a few simple decisions about how your property is owned and who should receive it. A little planning can make things much easier for the people you leave behind.”

Florida Homestead Is Different

A Florida home deserves special attention because homestead does not always follow the same rules as an ordinary investment account.

Florida law establishes specific rules governing the descent of homestead. When a decedent is survived by a spouse and descendants, for example, §732.401 provides for a life estate in the surviving spouse with a vested remainder in the descendants, while also giving the spouse an option to elect an undivided one-half interest instead. That election generally must be made within six months and is irrevocable.

The statute also expressly excludes certain property owned as tenancy by the entireties or joint tenancy with rights of survivorship from its operation.

Florida also has separate rules governing lifetime transfers of homestead, including transfers involving trusts.

In other words, the family home should not simply be treated as another asset on a generic probate avoidance checklist.

Giving Property Away Is Not the Same as Avoiding Probate

The simplest version of this strategy is also the most misleading: give property away before you die and it cannot enter your probate estate.

Technically, transferring ownership during life can accomplish that.

But it also means giving up ownership during life.

That can affect control over the property, creditors, taxes, family relationships, eligibility for certain benefits, and what happens if the recipient later dies, divorces, becomes incapacitated, or experiences financial problems.

Sometimes a lifetime gift makes sense. Sometimes another estate planning mechanism accomplishes the intended result without transferring ownership immediately.

“Avoids probate” is therefore not enough reason, by itself, to give something away.

The Real Problem: When the Plan and the Assets Disagree

Consider an estate with:

  • A house titled individually
  • A retirement account naming a former spouse
  • A bank account with a current beneficiary
  • An investment account owned jointly with one child
  • A revocable trust that was signed but never funded
  • A will dividing the estate equally among three children

The documents may all look reasonable in isolation.

Together, they could produce a very different result.

The former spouse may still receive the retirement account. The joint account may pass to one child. The bank account may pass to another beneficiary. The unfunded trust may not control the assets its creator expected it to control. The house may require a separate analysis because of Florida’s homestead rules.

The will may ultimately govern only the property that remains subject to probate.

This is why estate planning is not simply a question of:

“Do I have a will?”

It is also:

“Do my assets actually pass the way I think they will?”

Florida revocable trust and estate assets being coordinated to avoid probate in Coral Springs +

A Practical Probate Avoidance Review

A useful review begins with the assets themselves.

For each significant asset, ask:

  1. Who owns it now?
  2. How is it titled?
  3. Does it have a beneficiary designation?
  4. Does it have survivorship rights?
  5. Is it owned by a trust?
  6. What happens if the named beneficiary dies first?
  7. Does the arrangement conflict with the will or trust?
  8. Are there special Florida rules governing the asset?

That review can reveal that an estate plan needs only a few updates.

It can also reveal several different transfer mechanisms working against one another.

Avoiding Probate Does Not Mean Avoiding Every Legal Process

Probate is not inherently a failure of estate planning. It is a legal mechanism for administering property that falls within the probate estate.

Avoiding probate can reduce court involvement for particular assets, and trust planning can sometimes prevent additional probate proceedings in another state when someone owns property outside Florida.

But a trust does not make administration disappear.

A successor trustee still has responsibilities involving assets, debts, beneficiaries, and distribution. The Florida Bar notes that many of the practical tasks performed by a personal representative must also be performed by a trustee administering a revocable trust.

The goal, then, is not simply less paperwork.

It is a transfer plan that matches the person’s wishes, family circumstances, assets, and Florida law.

Probate Avoidance in Coral Springs and Broward County

For families in Coral Springs and Broward County, probate planning ultimately comes down to the relationship between Florida law and the way the family’s assets are actually owned.

A homeowner may have very different planning considerations from someone whose estate consists primarily of retirement and investment accounts. A married couple may face different issues from an unmarried person. Someone with children from a previous relationship may need to coordinate beneficiary designations and ownership structures particularly carefully.

There is no single “avoid probate” document that produces the same result for every Florida estate.

The better question is which legal mechanism should govern each significant asset and whether those mechanisms work together.

When an Estate Planning Attorney Can Help

If you are planning your estate in Coral Springs, Broward County, or elsewhere in South Florida, an estate planning attorney can review more than whether you have a will.

The review can include how assets are titled, whether beneficiary designations match your wishes, whether a revocable trust is appropriate and properly funded, and whether Florida’s homestead rules affect the plan.

The objective is not to avoid probate at all costs.

It is to understand which assets will pass through probate, which can pass outside it, and whether the overall plan produces the result you actually intend.

Reinfeld & Cabrera P.A. assists clients with estate planning, trusts, probate, and related matters in Coral Springs, Broward County, and throughout South Florida.

If you are reviewing an existing estate plan or creating one for the first time, contact Reinfeld & Cabrera P.A. to discuss how your assets are owned and how Florida law may affect their transfer after death.

Questions People Often Ask

Can I avoid probate completely in Florida?

  • Some estates can be structured so that significant assets pass outside probate. Whether that is appropriate depends on the assets, ownership structures, beneficiary designations, family circumstances, and Florida law.

Does having a will avoid probate?

  • No. A will generally directs the distribution of property that remains subject to probate. It does not, by itself, remove those assets from the probate process.

Does a revocable trust avoid probate in Florida?

  • It can, but the relevant assets must be properly transferred to the trust or otherwise coordinated with it. An unfunded trust may leave assets subject to probate.

Can a beneficiary designation avoid probate?

  • A valid beneficiary designation can allow certain assets to pass outside probate. Florida law specifically recognizes pay on death accounts and beneficiary registrations for qualifying securities.

Can I put my Florida home in a trust to avoid probate?

  • Florida homestead is subject to special constitutional and statutory rules. A trust may be appropriate in some circumstances, but homestead should not be treated like an ordinary investment asset.

Is avoiding probate always the best option?

  • Not necessarily. Probate serves legitimate purposes, including administration of assets that fall within the probate estate. The appropriate estate plan depends on the circumstances rather than on avoiding court involvement as an end in itself.

Is an Online Will Valid in Florida? What DIY Estate Planning Can Get Wrong

Posted on | by mP@
Person reviewing a printed online will template beside a laptop at home in Florida.

Yes. An online will can be legally valid in Florida, provided it satisfies the state’s requirements for execution and complies with the law governing the type of will being used. A document generated by a website does not become valid simply because it looks official or contains the right language.

The more difficult question is whether the document actually accomplishes what its creator intends. A DIY will may be signed incorrectly, overlook how certain assets transfer at death, or fail to account for a family situation that does not fit the template. Some of these problems may remain invisible until the person who created the will can no longer explain what they meant.

For people in Coral Springs and Broward County, the practical decision is not necessarily whether to use an online service or hire an attorney for every task. It is whether the proposed document fits the person’s circumstances and whether the consequences of a drafting or execution error justify professional review.

Key points to know:

  • Florida generally requires a conventional will to be in writing and signed under specific witness formalities.
  • Notarization alone does not replace the required witnesses.
  • A valid will does not necessarily control every asset or avoid probate.
  • Florida recognizes electronic wills, but they must follow a separate statutory framework.
  • A will that is legally valid can still be unsuitable for the person’s family or financial circumstances.

Are Online Wills Legal in Florida?

Florida law does not prohibit someone from using an online service to prepare a will. The source of the document is not the decisive issue. The important questions are whether the will meets Florida’s legal requirements and whether its provisions work as intended.

Someone may use a website to prepare a conventional paper will, print it, and sign it in accordance with Florida law. That is different from signing a document electronically and assuming that a saved PDF qualifies as a valid electronic will.

Florida has a separate legal framework for electronic wills under sections 732.521 through 732.525 of the Florida Statutes. That framework addresses electronic signatures and the procedures used to execute and preserve an electronic will. The requirements are more specific than simply typing a name into a document or storing it online.

The distinction matters because an online will service may offer a document that looks complete while leaving the user responsible for the legal steps that make it effective. The user must understand which execution process applies to the document they have prepared.

The American Bar Association’s Section of Real Property, Trust and Estate Law has warned that DIY estate planning can create a false sense of security. Its concern is not that every online will is invalid. The risk is that a person may believe an estate plan is finished without recognizing that an important legal or practical issue remains unresolved.

What Does Florida Require for a Valid Will?

Florida’s conventional will requirements are set out in section 732.502 of the Florida Statutes. The rules are formal because a will is intended to determine how property is handled after its maker has died, when that person can no longer clarify their wishes.

In general, a person making a conventional Florida will must:

  • Put the will in writing.
  • Sign at the end of the document, subject to the statutory alternative involving another person signing at the testator’s direction and in the testator’s presence.
  • Sign the will, or acknowledge the existing signature, in the presence of at least two attesting witnesses.
  • Have the witnesses sign in the presence of the testator and each other.

Florida law also generally requires the person making the will to be at least 18 years old or an emancipated minor and to be of sound mind when signing.

These requirements are not decorative formalities. They determine whether the document can function as a will under Florida law. A website can generate suitable wording, but the user must still follow the execution rules that apply to the document.

Does a Florida will have to be notarized?

A conventional Florida will does not become valid simply by being notarized. The required witnessing process remains essential.

Notarization is commonly used as part of the self-proving procedure. Under section 732.503, the testator and witnesses can complete the required acknowledgments and affidavits before an authorized officer. A properly self-proved will can generally be admitted to probate without the additional proof otherwise required from a witness, subject to statutory exceptions.

Self-proving status can make the later probate process easier. It does not replace the normal signing and witnessing requirements.

This is an important distinction for someone following online instructions. Having a notary stamp a document does not automatically correct a failure to execute the will properly.

Can a relative or beneficiary witness a will?

Florida law addresses who may serve as a witness under section 732.504. An interested witness does not automatically invalidate a will merely because that person may benefit from it.

That does not mean choosing a beneficiary as a witness is always a good practical decision. When a family member stands to receive property under a will, the circumstances can invite questions about influence or the testator’s intentions. Independent witnesses may help avoid unnecessary disputes.

A person using a DIY form should not assume that a witness arrangement is safe merely because a website allows the names to be entered.

Person signing a paper will with two witnesses present.

What Can Go Wrong With a DIY Will?

The most consequential mistakes are often not obvious grammatical errors. They involve the legal effect of the document or a gap between what the person intended and what the document actually accomplishes.

1. The will is never executed correctly

A document may be carefully prepared and still fail because the testator or witnesses did not follow the statutory procedure.

Florida Supreme Court case law illustrates why this matters. In Allen v. Dalk, 877 So. 2d 800 (Fla. 2002), the court considered a will that had not been validly executed. The document expressed the deceased person’s apparent intention, but the court rejected the argument that a constructive trust could be imposed to give effect to the intended disposition.

The case did not concern an online will service. Its relevance is more fundamental: clear evidence of what someone wanted does not automatically cure a will’s failure to meet Florida’s execution requirements.

Imagine a person prepares a will using an online template and leaves most of their estate to a close friend. The friend knows the person intended to sign the document, and other relatives agree that the plan reflected those wishes. If the will was not executed in the manner required by law, those facts may not be enough to make it valid.

The resulting dispute can require court proceedings while the estate remains unresolved. The intended beneficiary may ultimately receive nothing under the defective document.

2. The document does not fit the person’s family

Many templates ask users to select beneficiaries and name a personal representative. Those fields may not adequately address a complicated family situation.

A second marriage can create competing expectations between a surviving spouse and children from an earlier relationship. A person with minor children may also need to consider who should serve as guardian if a court appointment becomes necessary.

Florida law contains specific rules affecting wills after events such as marriage or divorce. Section 732.507 addresses certain effects of these changes, but the result depends on the circumstances. A person should not assume that an old will will operate exactly as originally written after a major family change.

The problem may not be an invalid document. It may be a document that remains legally effective while producing a result the testator no longer wants.

3. The will does not control the assets the person expects

A will generally governs property that forms part of the probate estate. Certain assets may pass under a separate legal arrangement.

For example, life insurance or a retirement account may transfer according to its beneficiary designation. Property held with a valid right of survivorship may pass to the surviving owner. Assets held in a properly funded trust may be governed by the trust rather than by the will.

This creates a practical risk for someone who prepares a will without reviewing how their assets are titled. They may name one person as the beneficiary in the will while an older beneficiary designation directs an account to someone else.

The will may be valid, yet the overall plan may not produce the intended result.

4. The person assumes that a will avoids probate

A will provides instructions for the disposition of property covered by the will. It does not automatically remove that property from probate.

When probate administration is required, the court oversees the applicable process. The personal representative must be appointed and obtain the authority required to administer the estate. A will may help direct that process, but it is not a substitute for it.

Someone whose main goal is to avoid probate should understand which assets are likely to pass through the probate estate. A will alone may not achieve that goal.

5. The person changes the signed document informally

After signing a will, someone might cross out a beneficiary’s name, write in a new one, or add a handwritten instruction in the margin.

The Florida Bar’s consumer guidance warns that writing on an executed will can invalidate part or all of it. Changes generally need to be made through a properly executed new will or codicil, which is a formal amendment to an existing will.

The safer approach is not to assume that a handwritten correction will be honored. The change should be made using a method that complies with Florida law.

6. The will ignores undue influence or other challenges

Florida Statutes section 732.5165 addresses wills or portions of wills procured by fraud, duress, mistake, or undue influence.

A DIY document does not automatically create these problems. However, a will that significantly changes an established estate plan may attract scrutiny if the circumstances surrounding its preparation are questionable.

Consider an older adult who depends on a relative for daily assistance. The relative helps prepare an online will and receives a substantial gift under the new document. If other family members later challenge the will, the circumstances may become relevant to whether the document was procured through improper influence.

The statutory issue is fact specific. A family disagreement by itself does not prove undue influence, and a large gift is not automatically unlawful. The point is that a template cannot resolve the underlying questions that may arise when a will is challenged.

Printed will and laptop illustrating the difference between paper and electronic wills.

What Do the Statistics Say About Estate Planning?

National survey data helps explain why online wills appeal to people who have not completed an estate plan. It also shows why convenience and completion are separate issues.

According to Caring.com’s 2025 Wills and Estate Planning Survey, conducted with YouGov, 24% of surveyed American adults reported having a will. The survey included more than 2,500 adults and was conducted online from January 3 to 6, 2025. Among respondents without a will, 43% said they simply had not gotten around to making one.

These are national survey findings, not estimates for Florida residents or proof that online wills are less reliable than attorney-prepared wills. They do, however, illustrate a practical obstacle: many people delay estate planning even when they recognize its importance.

Cost and perceived need can also affect the decision. Caring.com’s 2024 survey reported that 40% of respondents without a will cited having insufficient assets as a reason. That figure should be understood in the context of that survey’s sample and questions, rather than treated as a universal explanation.

The assumption that estate planning matters only to wealthy people can be misleading. A person with modest assets may still want to direct the distribution of property or nominate a personal representative. Parents may also want to express their preferences regarding a guardian for minor children.

The more useful question is not whether a person has a large estate. It is whether the consequences of leaving decisions to default legal rules are acceptable to that person.

When Might an Online Will Be Insufficient?

An online will may be a reasonable starting point for someone with a straightforward situation. For example, a person with modest assets who wants to leave probate property to a close relative may have fewer issues to resolve than someone with a blended family or a complex asset structure.

Even then, the document must be executed correctly. Simplicity does not remove Florida’s legal requirements.

Professional review becomes particularly useful when the estate plan must account for circumstances such as:

  • Children from different relationships or a recent marriage.
  • A beneficiary who is a minor or may need assistance managing an inheritance.
  • Property held jointly with another person.
  • A business interest or real estate ownership arrangement.
  • A significant change to an earlier will.
  • Concerns that someone may challenge the document.

These circumstances do not automatically make an online will invalid. They can, however, make a standard template less likely to address the person’s needs fully.

The American Bar Association’s guidance on DIY estate planning recognizes that self-prepared documents may work in limited situations. It also warns that generic forms may overlook state law details or fail to coordinate assets that pass outside a will.

The issue is not that every person needs the most elaborate estate plan available. It is that a document should be judged by how well it fits the person’s circumstances, rather than by how quickly a website can generate it.

Can You Make an Electronic Will in Florida?

Yes. Florida law recognizes electronic wills, but the rules differ from those governing conventional paper wills.

Sections 732.521 through 732.525 of the Florida Statutes address electronic wills and related requirements. The statutory framework includes electronic signatures and the use of a qualified custodian under the circumstances specified by law.

An electronic will should not be confused with a paper will that was drafted online. Printing a website-generated document and signing it as a conventional will invokes the rules for a paper will. Signing electronically invokes the separate electronic-will framework, which must be followed as applicable.

A person considering an electronic will should confirm that the service supports Florida’s legal requirements. They should also understand how the executed document will be preserved and made available after death.

Keeping a PDF in an email account or cloud folder is not, by itself, proof that an electronic will has been validly executed or preserved under Florida law.

What Happens to a Will After the Person Dies?

Preparing a will is only one part of the process. The document must be available when needed, and the estate may still require probate administration.

Florida Statutes section 732.901 addresses the delivery of a will to the appropriate clerk of court. A person who has custody of a will must generally deposit it within 10 days after receiving information that the testator has died. Depositing the will is not the same thing as completing probate or distributing the estate.

The next steps depend on the estate and the applicable procedure. In a formal administration, the court determines whether the will can be admitted to probate and appoints a personal representative. That representative then receives the authority needed to administer the estate.

A self-proved will can generally be admitted without further proof of execution, subject to legal exceptions. If the will is not self-proved, additional proof may be required under the applicable rules.

This is one reason it is important to keep the executed will safe and make sure someone knows where to find it. A document that cannot be located when needed can create avoidable complications for the people left to administer the estate.

How to Check a DIY Will Before Relying on It

Someone who has already prepared an online will can use the following questions as a preliminary review. This checklist cannot certify that a will is valid, but it can help identify issues that deserve attention.

  • Execution: Was the document signed in accordance with the rules that apply to a conventional or electronic will?
  • Witnesses: For a conventional will, did the required witnesses participate in the manner prescribed by Florida law?
  • Beneficiaries: Do the intended recipients match the person’s current wishes?
  • Assets: Are there beneficiary designations, survivorship arrangements, or trust assets that may pass outside the will?
  • Personal representative: Is the named person eligible and willing to serve?
  • Family circumstances: Has a marriage, divorce, birth, adoption, or other major change affected the plan?
  • Storage: Can the executed document be found when it is needed?
  • Updates: Have any changes been made through a legally appropriate process rather than informal handwritten edits?

If any answer is uncertain, the person should avoid assuming that the document will work as intended. Reviewing the issue before a death occurs is generally more practical than leaving the question for relatives to resolve during probate.

Should You Use an Online Will or Consult an Estate Planning Attorney?

The decision depends on the person’s circumstances and tolerance for risk.

An online service may offer a convenient way to prepare a basic document. It cannot guarantee that the will has been executed properly, that every asset is coordinated with the plan, or that the document addresses an unusual family situation.

A lawyer can review the legal effect of the proposed provisions and identify issues that a generic form may not address. That review may be especially valuable when the person owns real estate, has children from different relationships, or wants to make a significant change to an existing estate plan.

Preparing for a consultation can also help control the time involved. A person can gather information about their assets and liabilities, locate existing estate documents, and think through whom they want to benefit. Having those materials available gives the attorney a clearer starting point.

For residents of Coral Springs and Broward County, the sensible approach is to assess the actual estate plan rather than assume that every online will is defective or that every estate requires a complex legal arrangement.

Person reviewing a will and beneficiary paperwork to check for estate planning gaps.

Frequently Asked Questions

Can I make a will in Florida without hiring a lawyer?

  • Yes. Florida law does not generally require a person to hire an attorney to prepare a conventional will. The document must still comply with the applicable legal requirements. Whether a DIY document is suitable depends on the person’s circumstances and the plan’s intended effect.

Is an online will legally binding in Florida?

  • It can be. A website-generated will must satisfy the requirements that apply to the type of document being used. A conventional paper will must follow Florida’s signing and witnessing rules. An electronic will must comply with the separate statutory framework for electronic wills.

Does a Florida will have to be notarized?

  • Notarization alone is not enough to make a conventional Florida will valid. The will must satisfy the applicable execution requirements, including the witness formalities. Notarization may be part of the additional procedure used to make a will self-proving.

What if I signed my will incorrectly?

  • The effect depends on what went wrong and the applicable facts. A defect may prevent the document from being admitted as a valid will. In Allen v. Dalk, the Florida Supreme Court rejected an attempt to use a constructive trust to carry out the intended disposition under an invalidly executed will. A person who suspects an execution problem should have the document reviewed rather than assume the defect can be corrected after death.

Can I change an online will after signing it?

  • You can generally change your estate plan while you have the legal capacity to do so, but the change must follow the applicable formalities. Florida’s consumer guidance warns against relying on handwritten edits or crossed-out provisions in an executed will. A new will or properly executed codicil may be appropriate, depending on the situation.

Does having a will let my family avoid probate?

  • No. A will generally directs the disposition of property that is part of the probate estate, but it does not automatically eliminate probate. Whether an asset passes through probate depends on how it is owned and whether a separate transfer arrangement applies.

What is the difference between a paper will prepared online and an electronic will?

  • A paper will prepared online is printed and executed under the rules for a conventional will. An electronic will is executed electronically under Florida’s specific statutory framework. Saving a document as a PDF does not, by itself, establish that it qualifies as a valid electronic will.

Should I have an attorney review a will I already made online?

  • A review can be useful if you are uncertain about the signing procedure or if your circumstances have changed since you prepared the document. It may also help identify assets or family arrangements that the will does not address. The need for review depends on the details of the plan.

Review Your Estate Plan Before Your Family Has to Rely on It

An online will can be a legitimate starting point, but generating a document is not the same as confirming that it will carry out your wishes. Execution errors can undermine an otherwise carefully prepared will. A plan can also leave important questions unresolved even when the document is legally valid.

If you live in Coral Springs or elsewhere in Broward County and want to understand whether your will addresses your circumstances, MyPersonalAttorneys can help you review your estate planning options under Florida law.

Call 954-334-1520 to discuss your situation and determine whether a review of your existing documents may be appropriate.

This article provides general information about Florida law and is not a substitute for legal advice concerning an individual estate plan.

Florida Intestate Succession: Who Inherits When There Is No Will?

Posted on | by mP@
Probate attorney consulting with a client regarding Florida intestate succession and heirship determination.

Who inherits when someone dies without a will in Florida?

The answer depends on the decedent’s surviving relatives and on which property is actually part of the intestate estate. Under Florida Statute § 732.101, property that is not effectively disposed of by a will passes to the decedent’s heirs under Florida’s intestacy laws. The right to that intestate property vests at death.

Florida’s rules do not give every relative an inheritance claim. A surviving spouse may receive the entire intestate estate in some families, while the spouse receives one half when certain descendants or blended family circumstances exist. If no spouse inherits the property, Florida law turns to descendants, parents, siblings, and progressively more remote relatives according to the hierarchy in § 732.103.

Florida Intestate Succession Hierarchy Structure

That hierarchy can produce results that surprise families. A half sibling can receive a different share from a whole blood sibling. A child who died before the decedent can leave a branch of descendants who inherit under the per stirpes rule. An alleged heir may have to prove the claimed family relationship before receiving anything. A distant relative may discover that being biologically related to the decedent does not place that person within a statutory class of heirs.

Florida law also treats some property differently from ordinary intestate assets. A jointly owned asset may pass through survivorship rights. A trust can control property outside the probate estate. A beneficiary designation can determine who receives certain financial assets. Florida homestead has its own inheritance rules that can change the analysis when a surviving spouse and descendants are involved.

The result is a legal question with several layers:

Who qualifies as an heir?

What share does that heir receive?

Is the property subject to intestate succession at all?

Those questions become particularly important when a Florida estate involves a blended family, disputed heirship, distant relatives, or a home owned by the decedent.

What Is Intestate Succession in Florida?

Intestate succession is the statutory process used to determine who inherits property that a Florida decedent did not effectively dispose of through a will.

Florida’s principal intestacy rules appear in Part I of Chapter 732 of the Florida Statutes. The provisions address the intestate estate, the surviving spouse’s share, the shares of other heirs, per stirpes inheritance, half blood relatives, afterborn heirs, escheat, adopted persons, children born outside marriage, and termination of parental rights.

The term therefore has a narrower legal meaning than “everything a person owned when they died.”

A person can die without a will while some assets pass through another legal mechanism. The intestacy statutes become relevant to property that remains subject to the statutory inheritance scheme.

Can someone have a will and still have an intestate estate?

Yes.

Florida Statute § 732.101 applies when part of an estate has not been effectively disposed of by will. A person can therefore leave a valid will while some property passes to heirs under intestate succession.

This is known as partial intestacy.

For example, a will might dispose of several assets but fail to provide an effective disposition for a particular piece of property. That property can pass under the intestacy statutes even though the decedent left a will.

That distinction matters throughout probate.

The relevant question is not simply whether a document called a will exists. The question is whether the will effectively disposes of the property at issue.

What Is Intestate Succession in Florida?

Florida intestate succession is the legal system that determines who receives property when a person dies without an effective will. Under Florida Statute § 732.101, property that is not effectively disposed of by a will passes to the decedent’s heirs under the intestacy statutes. The heirs’ rights to that intestate property vest at death.

The absence of a will does not mean that the estate has no legal rules governing inheritance. It means the legislature has supplied those rules.

Florida Statute § 732.102 addresses the surviving spouse. Section 732.103 determines who inherits the remaining estate when there is no surviving spouse or when the spouse does not receive the entire intestate estate. The result depends heavily on the decedent’s family relationships at the time of death.

That distinction matters because intestate succession applies only to property that actually belongs in the intestate estate. A person can die without a will while some assets pass through another legal mechanism. The ownership structure or beneficiary designation attached to an asset may determine what happens to it without applying the intestacy hierarchy.

Which Property Is Subject to Intestate Succession?

The first question in an intestate estate is not simply who the relatives are. It is whether the particular property passes through intestacy at all.

Florida Statute § 732.101 applies to property that was not effectively disposed of by will. This can include property that the decedent owned individually and that does not have another valid method of passing at death.

An asset may therefore fall outside the intestate estate because of the way it was owned or because another legal arrangement controls its transfer. For example, property held with another person in a form that carries a right of survivorship may pass to the surviving owner. Certain accounts and insurance policies may pass according to a valid beneficiary designation.

This distinction becomes particularly important when someone says that a deceased relative had “no will.” The absence of a will does not automatically mean that every asset must be divided under Chapter 732.

It is possible to have an estate with both intestate property and property that passes outside intestacy.

That situation is sometimes called partial intestacy. A will may also create partial intestacy if it fails to dispose effectively of some property. Florida law addresses the property that remains undisposed of through the intestacy statutes.

Who Inherits First Under Florida Intestacy Law?

The surviving spouse receives special treatment under Florida law.

If the decedent leaves no surviving descendants, the surviving spouse receives the entire intestate estate. The same result generally applies when every surviving descendant is also a descendant of the surviving spouse and the spouse has no descendant from another relationship.

The result changes when the family structure is different.

If the decedent has a surviving descendant who is not also a lineal descendant of the surviving spouse, the spouse receives one half of the intestate estate. The other half passes according to the rules governing the decedent’s descendants.

Florida law also addresses a less obvious blended family situation. Even if every surviving child of the decedent is also the spouse’s child, the spouse receives one half when the spouse has a descendant from another relationship who is not a descendant of the decedent.

Example: A Married Person With Children From Another Relationship

Suppose Maria dies without an effective will. She leaves a husband and two children. Both children are also her husband’s children.

If her husband has another child from a previous relationship, the statute treats the family differently from a marriage in which the surviving spouse has no children outside the marriage.

Under § 732.102, Maria’s husband receives one half of the intestate estate. The remaining half passes under the rules for Maria’s descendants.

This is one reason a simple statement such as “the spouse inherits everything” can be legally misleading.

Modern law office desk in Coral Springs, Florida, reviewing Florida probate and intestate succession documents.

What Happens If There Is No Surviving Spouse?

When there is no surviving spouse, Florida Statute § 732.103 supplies the succession rules.

The estate first passes to the decedent’s descendants. If the decedent has no descendants, the statute moves to the parents.

In some cases if neither parent survives, the statute reaches the decedent’s brothers and sisters and the descendants of deceased siblings.

If those relatives do not exist, the statute moves farther into the family tree. Florida divides this stage between the decedent’s paternal and maternal kindred. Grandparents receive priority within those branches. If the relevant grandparents are not living, the statute addresses aunts and uncles and the descendants of deceased aunts and uncles.

The statute does not continue indefinitely through every person who can establish some biological connection to the decedent.

That limitation became important in a recent Broward County case.

How Far Does Florida Intestacy Law Reach?

In State of Florida, Department of Legal Affairs v. Estate of Kyle William Bruening, the Fourth District Court of Appeal considered an intestate estate involving distant relatives.

Kyle Bruening died without a will. No spouse or children survived him. His parents and grandparents had also died, and there were no surviving siblings or aunts and uncles within the categories recognized by the statute. Several distant relatives claimed the estate because they shared great grandparents with Bruening.

The trial court treated those relatives as heirs. The Fourth District reversed.

The appellate court held that sharing great grandparents with the decedent did not place those relatives within a class of heirs recognized by § 732.103. The court explained that the statute identifies the relatives who inherit through intestacy and does not create a general right of inheritance for every distant blood relative.

The case arose in Broward County, which makes it particularly relevant to probate disputes in Coral Springs and elsewhere in South Florida.

The practical point is straightforward. A family connection is not enough by itself. The relationship must fall within a category recognized by Florida intestacy law.

What Does Per Stirpes Mean in Florida?

Florida Statute § 732.104 provides that intestate descent is per stirpes. The rule applies to descendants and to collateral heirs.

The concept becomes important when an heir who would have inherited directly has already died.

Consider a decedent who has two children. One child survives the decedent. The other child died before the decedent but left two children of their own.

The surviving child does not simply take the entire estate. The deceased child’s branch remains relevant. The descendants of that deceased child can receive the share attributable to that branch under the per stirpes rule.

This can produce a different result from dividing an estate equally among every living descendant. Florida law preserves the deceased heir’s branch when the statute reaches that branch of the family.

A family tree can therefore matter at several generations.

Can One Side of the Family Receive the Entire Estate?

Yes.

People sometimes miss this point because they assume that intestate property must always be divided equally between the maternal and paternal sides of the family.

Section 732.103 does not require that result when one side has no qualifying heirs.

In Faskowitz v. Department of Legal Affairs, the decedent had no surviving descendants. His will had attempted to leave his property to his wife, but she died before him and the will did not provide an alternate beneficiary. Relatives on the paternal side established their status as heirs. The probate court had treated half of the property as potentially belonging to unknown maternal relatives.

The Second District Court of Appeal rejected that approach. Under § 732.103, if there is no qualifying kindred on one side, the surviving kindred on the other side can receive the entire estate.

The case demonstrates why determining heirship requires more than locating one relative and assuming the estate will be divided along a simple family line.

What Happens If Family Members Disagree About Who Is an Heir?

Disputes over family relationships can easily turn an intestate estate contentious.

Florida Statute § 733.105 allows an interested person to ask the probate court to determine who is entitled to receive property or what share a person should receive when there is doubt about the proper beneficiaries.

That proceeding can require evidence about the decedent’s family history.

The Florida Supreme Court addressed this problem in State v. Rudawski, a case involving the estate of Jacob Tim. Tim died intestate in Miami Beach. More than fifty people appeared claiming different degrees of relationship to him. The court ultimately held that the claimants had failed to establish their entitlement to the estate.

The case illustrates a basic probate principle that can become decisive in an intestate estate: a person claiming inheritance must establish the legal basis for that claim.

A surname is not enough. A family story is not enough. The evidence must establish the relationship required by the applicable law.

Do Adopted Children Inherit Under Florida Intestacy Law?

Yes. Florida law generally treats an adopted person as a descendant of the adopting parent for purposes of intestate succession.

Section 732.108 provides that an adopted person becomes a descendant of the adopting parent and a member of that family for intestate succession purposes. The statute also contains specific exceptions involving certain adoptions by a natural parent’s spouse and other family relationships.

The details can matter when an adoption changes the legal relationship between the child and the natural family.

For that reason, a probate court may need to examine the adoption itself rather than relying on a family description used informally during the decedent’s lifetime.

What Happens With a Half Sibling?

Florida has a specific rule for half blood relatives.

When property passes to collateral relatives and some are related to the decedent by whole blood while others are related by half blood, the half blood relatives receive half as much as the whole blood relatives. If all of the relevant collateral relatives are half blood relatives, they receive equal shares.

This rule can matter when an estate reaches the sibling portion of the intestacy hierarchy.

For example, assume an intestate estate reaches the decedent’s siblings. When a surviving full sibling and a surviving half sibling both inherit, the statute does not automatically give them equal shares.

Therefore, you should calculate the shares under § 732.105 rather than treating every sibling as having the same statutory relationship.

Can a Child Born After the Parent’s Death Inherit?

Florida law expressly addresses this situation.

Under § 732.106, an heir who was conceived before the decedent’s death but born afterward inherits intestate property as though the child had been born during the decedent’s lifetime.

The timing of the birth therefore does not by itself eliminate the child’s inheritance rights.

Other legal questions can arise when parentage is disputed. Those questions should be addressed under the statutes governing the particular relationship rather than assumed from the family’s understanding of who the child’s parent was.

Suburban residential home in South Florida subject to Florida homestead inheritance rules.

What Happens to a Florida Homestead When There Is No Will?

Florida homestead property requires separate attention because constitutional protections and Florida statutes impose special rules.

Section 732.401 provides that homestead generally descends under the intestacy rules when it has not been validly devised. When the decedent leaves a surviving spouse and descendants, however, the surviving spouse receives a life estate with a vested remainder in the descendants who were living at the decedent’s death. The spouse may instead elect an undivided one half interest as a tenant in common, with the remaining half passing to the descendants per stirpes.

This means a family home cannot always be treated like an ordinary asset in an intestate estate.

A surviving spouse may have rights that differ substantially from the result produced by simply dividing the home according to the general intestacy hierarchy.

The homestead rules also make property ownership particularly important. Before assuming that a house must be distributed through intestacy, the probate lawyer must determine how the property was titled and whether Florida’s homestead protections apply.

Can Intestate Succession Create Problems With a Family Home?

Yes.

Suppose a person dies in Coral Springs without a will and leaves a house to several descendants. Those heirs may acquire ownership interests in the property rather than receiving an automatic cash distribution.

The situation can become difficult when one heir wants to sell and another wants to keep the property. The heirs may also disagree about maintenance or the use of the house.

The problem can become larger with later deaths. An heir who receives an interest can later die without a will, causing that interest to pass through another estate. Over time, ownership can become divided among a growing number of relatives.

This is one reason intestate succession can have consequences long after the initial probate administration.

What Happens If No Legal Heir Can Be Found?

Florida law provides for escheat when a person dies without leaving anyone entitled to the estate.

Under § 732.107, property that has no person entitled to receive it can escheat to the State of Florida. The statute provides a procedure for handling the property and permits a person with a valid claim to seek the proceeds within the statutory period.

Escheat is not the first step merely because relatives are difficult to locate.

The question is whether a person legally entitled to inherit exists under the applicable statutes. Bruening demonstrates that a court will not expand the statutory categories simply because a distant relative can establish a biological connection.

Faskowitz demonstrates the other side of the problem. When qualifying heirs exist on one side of the family, the absence of qualifying heirs on the other side does not automatically send half the estate to the State.

Who Handles an Estate When There Is No Will?

An intestate estate still requires administration.

Florida law establishes a preference for appointment as personal representative in an intestate estate. The surviving spouse has the first preference. The statute then addresses selection by the heirs and the heir nearest in degree.

The personal representative is responsible for administering the estate under Florida probate law.

That role does not give the representative ownership of the estate. The representative administers property that belongs to the estate and distributes it according to the law after the required probate process has been completed.

A dispute over who should serve as personal representative can therefore be separate from a dispute over who inherits.

What If Nobody Knows Exactly Who the Heirs Are?

Florida provides a court procedure for this problem.

Under § 733.105, an interested person can petition the probate court to determine the beneficiaries or their respective shares when property passes through intestate succession and there is uncertainty about entitlement.

This can become relevant when relatives have incomplete records or when different family members provide conflicting accounts of the decedent’s family history.

The evidence may include civil records and other documentation establishing the claimed relationship. In a difficult estate, a genealogical investigation may also become necessary.

The objective is not to identify every person who might be related to the decedent. The objective is to establish the relatives who fall within the statutory categories of heirs.

What If the Person Had a Will That Did Not Cover Everything?

A person does not have to die completely intestate for the intestacy statutes to matter.

Section 732.101 applies to any part of an estate that was not effectively disposed of by will.

Imagine a will that leaves a particular bank account to one beneficiary but does not effectively dispose of the remainder of the estate.

The undisposed property can pass under Florida intestacy law.

This distinction matters when reviewing an older will after a death. The question is not simply whether the decedent signed a document called a will. The question is whether that document actually controls the property now at issue.

Why Intestate Succession Can Produce Surprising Results

Florida intestacy law follows statutory categories rather than the family’s idea of what would have been fair.

A decedent may have been especially close to a niece while having little contact with a sibling. That does not allow the niece to inherit simply because the relationship was closer.

A person may have supported one child financially during life while providing little support to another. Intestacy law does not generally adjust the statutory inheritance share because the family considers one relationship stronger.

The statute applies the legal relationships recognized by the Probate Code.

That is why the consequences can feel unexpected when a family has never discussed estate planning.

What Should a Family Do After Someone Dies Without a Will?

The first step is to determine what property actually belongs in the probate estate.

The next question is who may have inheritance rights under Florida law. That inquiry should account for the surviving spouse and the decedent’s descendants before moving farther into the family tree.

The family should also determine whether the decedent owned a Florida homestead. That property can be subject to special rules that change the ordinary intestacy analysis.

If relatives disagree about heirship, the probate court can determine who is entitled to the property and what share each person should receive. Section 733.105 specifically provides a procedure for resolving that uncertainty.

In Coral Springs and elsewhere in Broward County, these questions can arise in estates involving a family home, multiple generations, or relatives who have lived in different states for many years.

Waiting can make the factual investigation harder. Birth records may be difficult to locate. Family members may have incomplete information. Property may remain titled in the decedent’s name while relatives disagree about what should happen next.

A Florida probate attorney can review the ownership records and family relationships against the applicable statutes before the estate is distributed.

Probate attorney consulting with a client regarding Florida intestate succession and heirship determination.

Frequently Asked Questions About Florida Intestate Succession

Who inherits if someone dies without a will in Florida?

  • The answer depends on the decedent’s surviving relatives and the property involved. A surviving spouse may receive the entire intestate estate or one half, depending on the family structure. If no spouse survives, descendants generally take priority under § 732.103.

Does the oldest child inherit more under Florida intestacy law?

  • No. Age does not give the oldest child a larger intestate share. When descendants inherit directly, Florida applies its statutory distribution rules.

Does a surviving spouse always inherit everything?

  • No. The surviving spouse receives the entire intestate estate in several situations, but § 732.102 reduces the spouse’s share to one half in specified family structures involving descendants.

Do grandchildren inherit if their parent is alive?

  • Generally, the inheritance hierarchy reaches the decedent’s descendants directly before moving to more remote relatives. The per stirpes rule becomes particularly important when a descendant who would have inherited has already died.

Can a niece or nephew inherit from an aunt or uncle who dies without a will?

  • A niece or nephew may inherit when the intestacy hierarchy reaches the descendants of a deceased sibling. The exact result depends on which relatives survive the decedent and how the statutory branches apply.

Can a second cousin inherit under Florida intestacy law?

  • Usually not merely because the person is a second cousin. In Bruening, the Fourth District held that relatives who shared great grandparents with the decedent did not fall within the statutory class of heirs applicable to that estate.

Do adopted children inherit from their adoptive parents?

  • Yes. Florida generally treats an adopted child as a descendant of the adopting parent for intestate succession. The statute contains specific exceptions that can affect relationships with natural family members.

Does a half sibling inherit the same amount as a full sibling?

  • Not always. When the relevant collateral heirs include both whole blood and half blood relatives, Florida law gives a half blood relative half the share of a whole blood relative.

What happens to a Florida house when the owner dies without a will?

  • The answer depends on the ownership of the property and the circumstances of the family. Florida homestead law contains special inheritance rules when a surviving spouse and descendants exist.

Can the State of Florida inherit an intestate estate?

  • Yes, but only when the statutory conditions for escheat are satisfied. If someone legally entitled to the estate exists under Florida law, the property does not simply pass to the State because the family is difficult to identify.

What if family members disagree about who should inherit?

  • An interested person can ask the probate court to determine who is entitled to the property or what share each person should receive. Florida Statute § 733.105 provides the procedure for that determination.

Florida Intestate Succession Requires a Property and Family Analysis

Dying without a will does not leave an estate without rules. Florida law supplies a statutory inheritance system that begins with the surviving spouse and descendants before reaching more remote relatives.

The difficult cases arise when the family structure is complicated or the property does not fit neatly into the ordinary probate estate. Homestead property can require a separate analysis. A distant relative may have a biological connection without having a statutory right to inherit. A surviving relative on one side of the family may receive the entire estate when the other side has no qualifying heirs.

For families in Coral Springs and Broward County, an intestate estate should be examined under the current Florida statutes before property is distributed. The right heir may not be the person the family expects, and the property that appears to belong to the estate may not all be subject to intestate succession.

If a family member has died without an effective will, a Florida probate attorney can review the estate and determine which intestacy rules apply to the property and family involved.

Types of Probate Agreements in Florida: Contracts and Key Legal Documents Explained

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Vector infographic of probate contracts and legal instruments under Chapter 733 of Florida law in Broward County.

Executive Summary

Under Chapter 733 of the Florida Statutes, probate administration involves private bilateral contracts like beneficiary redistribution agreements, settlement compromises, or real estate purchase contracts, alongside essential court instruments like Letters of Administration, Orders Determining Homestead, and Petitions for Exempt Property.

While contracts allow heirs, personal representatives, and creditors to voluntarily restructure rights or resolve disputes, court orders and statutory filings are strictly required to clear title, transfer legal ownership, and protect protected assets in Florida probate proceedings.

Table Of Contents
  1. Executive Summary
  2. PART 1: Private Contracts and Bilateral Agreements in Florida Probate
  3. 1. Private Agreements Among Interested Persons (Fla. Stat. § 733.815)
  4. 2. Family Settlement Agreements and Compromises (Fla. Stat. § 733.708)
  5. 3. Personal Representative Service and Vendor Contracts (Fla. Stat. §§ 733.612 and 733.619)
  6. 4. Real Estate Purchase and Sale Agreements in Probate (Fla. Stat. § 733.613)
  7. 5. Creditor Debt Settlement and Compromise Agreements (Fla. Stat. § 733.708)
  8. 6. Attorney and Professional Engagement Agreements (Fla. Stat. §§ 733.6171 and 733.6175)
  9. 7. Contracts Concerning Succession and Agreements to Make a Will (Fla. Stat. § 732.701)
  10. 8. Premarital and Postmarital Elective Share or Property Waivers (Fla. Stat. § 732.702)
  11. PART II: Critical Non-Contractual Probate Documents
  12. Summary Matrix: Contracts vs. Non-Contractual Probate Instruments
  13. Frequently Asked Questions (FAQs)
  14. Let Us Take the Stress Off Your Shoulders

Let us be completely honest with each other for a second. Nobody wakes up on a sunny Tuesday morning in South Florida thinking, I really hope I get to read a fifty page legal breakdown of Florida probate contracts today!

If you found your way to this page, someone you cared about likely passed away, or a lawyer handed you a stack of paperwork thick enough to act as a doorstop. Now you have to make sense of it all.

When an estate enters probate under Chapter 733 of the Florida Statutes, families quickly discover that the legal world runs almost entirely on paperwork. Some of these papers are genuine, two-sided contracts where living people negotiate terms. Others are formal court orders that require a judge to stamp a seal before anyone can touch a single dollar in a bank account.

Here is an honest, straightforward guide to every contract and document you might encounter in South Florida, written in plain language without the dense legalese that usually makes people fall asleep at their desks.

PART 1: Private Contracts and Bilateral Agreements in Florida Probate

In ordinary life, a contract requires a mutual agreement, an offer, and something of value changing hands. In the probate realm, contracts serve as the legal tools that let living people fix messy situations, buy out family members, or hire experts to clean out a dusty attic.

1. Private Agreements Among Interested Persons (Fla. Stat. § 733.815)

What It Is and How It Looks

A Private Agreement Among Interested Persons looks like a standard legal contract. It starts with a caption identifying the estate, followed by a long list of “Whereas” clauses that explain the background.

The main text outlines who gets what, releases everyone from liability, and includes signature lines that require proper legal validation. It must state clearly that all parties are competent adults and that no creditor is getting cheated out of money.

Detailed Scenario

Mateo and Sofia are adult siblings who inherited their late father’s estate in Coral Springs. The father’s will leaves everything split equally between them. The estate consists of a house worth $400,000 and an investment account worth $400,000.

Mateo wants to live in the house. Sofia prefers cash so she can buy a condo in Miami.

Instead of forcing a quick sale of the home that neither of them actually wants, their lawyer drafts an agreement under Section 733.815. Mateo gets full ownership of the house, Sofia gets the investment account, and Mateo pays her an extra $25,000 to cover minor valuation differences.

Legal Mechanics

Under Florida Statutes Section 733.815, heirs can agree to trade or reallocate assets however they like. The personal representative must confirm that all estate debts, final taxes, and administrative fees are covered before handing over the keys.

2. Family Settlement Agreements and Compromises (Fla. Stat. § 733.708)

What It Is and How It Looks

A Family Settlement Agreement looks like a high stakes corporate treaty. It includes agreed facts, complete releases of liability, and a clause submitting the deal to the 17th Judicial Circuit Court in Broward County.

Crucially, it includes a paragraph requiring the executor to present the contract to the probate judge for official sign off.

Detailed Scenario

A resident of Fort Lauderdale passes away and leaves behind a brand new will that disinherits his child from a first marriage, leaving everything to a second spouse. The child hires a lawyer and claims the new spouse used undue influence when the father was sick.

Both sides realize that fighting in court for three years will only make the litigation lawyers rich.

During mediation, they draft a Family Settlement Agreement. The surviving spouse agrees to pay the child a flat cash settlement and hand over a few family heirlooms. In exchange, the child drops the lawsuit and agrees never to sue the estate again.

Legal Mechanics

Florida law loves family settlements because they keep relatives from screaming at each other in courtroom hallways. Submitting the contract under Section 733.708 turns a private agreement into a binding court order. This step is mandatory if any beneficiaries are minors, since kids cannot legally sign away their rights without a judge checking the math first.

Vector diagram explaining private agreements among heirs for asset distribution under Florida Statute 733.815.

3. Personal Representative Service and Vendor Contracts (Fla. Stat. §§ 733.612 and 733.619)

What It Is and How It Looks

A Fiduciary Service Contract looks like a typical vendor agreement for home repairs or estate sales. The key difference is tucked away in the very first paragraph and the signature block.

It must state that the person signing is acting only as the representative of the estate, not as an individual paying out of their own pocket.

Detailed Scenario

The executor of an estate in Coral Springs needs to fix a damaged roof, paint the living room, and clear out forty years of accumulated furniture before putting a home on the market. The executor hires a licensed roofing company and a professional estate sale team.

This executor signs the contracts. Because they are managing someone else’s property, they must ensure the contract text protects their personal savings account if something goes wrong on the job site.

Legal Mechanics

Florida Statutes Section 733.612 gives an executor the authority to hire workers to preserve estate property. Under Section 733.619, an executor becomes personally liable for the bill if they forget to specify their official title on the signature line. If you sign your name without adding “as Personal Representative of the Estate,” the contractor can legally demand payment directly from your personal checking account.

4. Real Estate Purchase and Sale Agreements in Probate (Fla. Stat. § 733.613)

What It Is and How It Looks

A Probate Real Estate Purchase Agreement uses standard residential contract forms alongside specific probate clauses.

The seller line must list the seller in their official representative capacity. The agreement always includes a clause making the sale contingent on court approval or proper probate filings.

Detailed Scenario

A decedent owned a house in Coral Springs, and a buyer puts in a great cash offer.

The real estate agent writes up the contract, but the closing attorney notices that the deceased person died without a valid will. That means there is no written clause granting a power of sale.

Legal Mechanics

Under Florida Statutes Section 733.613, if a will does not explicitly give the executor the power to sell real estate, the executor cannot transfer title on their own. The contract sits in limbo while the probate lawyer files a formal petition with the Broward County court. All heirs receive formal notice, and the judge must sign an order approving the sale before the closing can happen.

Residential real estate purchase contract for a probate property sale in Coral Springs and Broward County.

5. Creditor Debt Settlement and Compromise Agreements (Fla. Stat. § 733.708)

What It Is and How It Looks

A Creditor Compromise Agreement is a short contract between the executor and a creditor like a credit card company or hospital.

It states the original debt amount, acknowledges that the estate has limited funds, sets a lower lump sum payment, and confirms that the debt is fully canceled once the check clears.

Detailed Scenario

A decedent leaves behind $30,000 in credit card bills, but the estate only holds $12,000 in a checking account along with a protected primary home.

Credit card companies cannot touch a protected Florida homestead. That $12,000 in the bank is the only cash available to pay off every bill. The executor calls the credit card companies and offers each one a fraction of what they are owed to settle the accounts completely.

Legal Mechanics

Section 733.708 allows an executor to negotiate and settle debts for lower amounts. However, Florida law enforces a strict priority list for paying bills under Section 733.707.

Funeral costs, court administrative fees, and final hospital bills take priority over credit cards. Paying off a low priority credit card before settling the funeral bill can make the executor personally responsible for paying the funeral home out of their own pocket.

6. Attorney and Professional Engagement Agreements (Fla. Stat. §§ 733.6171 and 733.6175)

What It Is and How It Looks

A Probate Retainer Agreement is a formal contract between the executor and the law firm. It explains the legal scope of work, hourly rates or percentage fee schedules, upfront costs, and court filing expectations.

Florida law requires specific written disclosures explaining how probate attorney fees are calculated.

Detailed Scenario

A newly appointed executor in Broward County feels completely overwhelmed by the legal paperwork and hires a local probate law firm to manage the estate.

The law firm provides an engagement agreement detailing whether they will charge an hourly rate or use the standard state fee percentage based on the total value of the estate assets.

Legal Mechanics

Florida Statutes Section 733.6171 sets statutory fee guidelines that courts consider reasonable for probate lawyers. Under Section 733.6175, any heir who thinks the lawyer is charging too much can ask the probate judge to review the bill and cut the fee down to a fair amount.

7. Contracts Concerning Succession and Agreements to Make a Will (Fla. Stat. § 732.701)

What It Is and How It Looks

A Contract to Make a Will is an agreement created while the person is still alive. It looks like a hybrid between a commercial contract and a will, explicitly stating that one person agrees to leave specific property to another in exchange for a clear action or service.

Detailed Scenario

An elderly parent tells their adult child that if the child moves to Coral Springs, quits their job, and acts as a full time caregiver, the parent will leave them the family home in their will. The child moves in and takes care of the parent for five years.

When the parent passes away, a surprise will surfaces that leaves the entire house to a local pet shelter.

The child files a claim against the estate using their written caregiver contract.

Legal Mechanics

Under Florida Statutes Section 732.701, an agreement to make a will or leave an inheritance is completely useless unless it is written down and signed in front of two attesting witnesses. Casual verbal promises made over dinner carry zero weight in a Florida courtroom, no matter how unfair the situation seems.

8. Premarital and Postmarital Elective Share or Property Waivers (Fla. Stat. § 732.702)

What It Is and How It Looks

A Waiver of Spousal Probate Rights is a specialized contract, usually included inside a prenuptial or postnuptial agreement. It contains clear clauses where a spouse gives up their rights to the elective share, homestead property, exempt assets, and family allowances.

Detailed Scenario

Two people get married later in life. Both own homes in South Florida and have adult children from previous marriages. They want their homes to pass directly to their biological kids without any surviving spouse claims getting in the way.

They sign a prenuptial agreement waiving all probate inheritance rights. When the husband passes away, the wife steps aside so the kids can inherit the house cleanly.

Legal Mechanics

Under Florida Statutes Section 732.702, a spouse can sign away their inheritance rights. The document must be in writing and signed in front of two attesting witnesses. Signing this document after the wedding requires a full, honest written disclosure of all personal assets and bank accounts.

PART II: Critical Non-Contractual Probate Documents

Contracts are voluntary agreements between people. The rest of the probate world runs on court orders, official petitions, and statutory filings. You need to know these documents just as well as any contract.

1. Letters of Administration

  • What It Is: The official document issued by a probate judge that appoints the executor and grants them the legal authority to handle the estate.
  • How It Looks: A single page court document featuring the raised seal of the Broward County Clerk of Courts, the case number, and the judge’s signature.
  • When It Comes Into Play: You cannot move money, close accounts, or sell property without this document. Bank managers will refuse to speak with you until you hand them a certified copy of these Letters.

2. Petition and Order Determining Homestead Property (Fla. Const. Art. X, § 4 and Fla. Stat. § 732.401)

  • What It Is: A formal court request and judge’s order declaring that a house was the deceased person’s primary Florida residence.
  • How It Looks: A legal order containing the property address, legal parcel details, and an official ruling that the house passes directly to protected family members.
  • When It Comes Into Play: A primary residence in Florida receives massive legal protection under the state constitution. Protected homestead property passes to heirs completely free from most creditor claims, and it sits outside the standard probate estate process.

3. Petition to Determine Exempt Property (Fla. Stat. § 732.402)

  • What It Is: A formal court filing asking the judge to set aside specific personal belongings for the surviving spouse or minor children.
  • How It Looks: A court filing listing household furniture up to $20,000, college savings accounts, and up to two personal cars.
  • When It Comes Into Play: When creditors come knocking, the surviving spouse files this petition to protect the family cars and living room furniture from being seized to pay off old bills.

4. Statement of Claim (Fla. Stat. § 733.703)

  • What It Is: The official form a creditor files with the court to demand payment for an unpaid debt.
  • How It Looks: A short court form detailing the amount owed, the reason for the debt, and attached proof like credit card statements or medical bills.
  • When It Comes Into Play: Creditors must file this form within three months of the public probate notice, or within thirty days of receiving direct notice. If a creditor misses the deadline, their claim gets wiped out forever.

5. Disclaimer of Interest (Fla. Stat. § 739.104)

  • What It Is: An official written statement where an heir says, No thank you, I do not want this inheritance.
  • How It Looks: A notarized statement filed directly with the court, detailing the exact asset or inheritance share being refused.
  • When It Comes Into Play: People use this document when accepting an inheritance would trigger a massive tax bill, or when they want the asset to pass directly to their own children instead.

Summary Matrix: Contracts vs. Non-Contractual Probate Instruments

Document or Instrument TypeLegal NatureGoverned ByPrimary Purpose in Probate
Private Agreement (§ 733.815)Bilateral ContractFla. Stat. § 733.815Lets heirs change how assets are divided among themselves.
Family Settlement AgreementMultilateral ContractFla. Stat. § 733.708Resolves serious family disputes and stops active lawsuits.
Vendor ContractCommercial ContractFla. Stat. §§ 733.612, 733.619Hires workers while protecting the executor’s personal money.
Real Estate Purchase AgreementCommercial ContractFla. Stat. § 733.613Handles the sale of estate owned houses or land.
Creditor Compromise AgreementBilateral ContractFla. Stat. § 733.708Settles unpaid debts for lower cash payouts.
Letters of AdministrationCourt OrderFla. Stat. Chapter 733Gives the executor official authority to manage the estate.
Order Determining HomesteadJudicial OrderFla. Const. Art. X, § 4Protects the family home from general debt collectors.
Vector representation of Letters of Administration issued by the 17th Judicial Circuit Court of Broward County.

Frequently Asked Questions (FAQs)

1. Can siblings legally change how an inheritance is divided in Florida?

  • Yes. Under Florida Statutes Section 733.815, competent adult heirs can sign a private contract to divide property however they want. The deal cannot cheat creditors or leave out non signing family members.

2. What happens if an executor signs a contract without using their official title?

  • Under Section 733.619, an executor who signs a contract without adding “as Personal Representative of the Estate” can be held personally responsible for paying the bill out of their personal savings.

3. Can you sell a house during probate in Broward County?

  • Yes, but the process depends on the will. If the will explicitly grants a power of sale, the executor can complete the deal. If there is no will, the contract must state that the sale depends on getting an approval order from a Broward County judge under Section 733.613.

4. Is an oral promise to leave property to someone in a Florida will valid?

  • No. Section 732.701 states that any agreement to leave an inheritance is completely invalid unless it is written down and signed in front of two witnesses.

5. What is the difference between a probate contract and a court order?

  • A probate contract is a voluntary agreement between living people. A court order is an official decision signed by a judge that carries the full force of the law.

6. Can heirs sign a contract to skip probate court entirely?

  • No. Private contracts cannot transfer legal ownership of assets that require court orders, like sole name real estate or locked bank accounts. Contracts only control how assets are shared within or after the court process.

7. How long do creditors have to file a claim against a Florida estate?

  • Under Section 733.702, creditors must file a formal Statement of Claim within three months of the published notice, or within thirty days of receiving direct notice. Late claims are permanently barred.

Let Us Take the Stress Off Your Shoulders

Trying to make sense of probate contracts, court orders, and inheritance rules while grieving a loved one is exhausting. You do not have to figure this out by yourself late at night.

If you need to settle a family dispute, protect a primary residence, or complete a property sale in Coral Springs or Broward County, reach out to our team at Reinfeld & Cabrera. Call us directly at (954) 866-8600 or send us a message online to set up a time to talk. We will handle the heavy legal lifting so you can focus on taking care of your family.