One of the first things families often discover after a death is that the law does not treat everything a person owned in the same way.
A house may be treated differently from a bank account. A retirement account may pass directly to a beneficiary. A jointly owned property may never become part of the probate estate. A will may control some assets but have no effect on others.
So when a loved one dies, the first legal question is not simply : “Who inherits?”
It is:
What happens to each of the things the person left behind?
That question leads into probate, but probate is only part of the picture.
The estate begins with an inventory, not a distribution
Suppose someone dies owning a house, two bank accounts, an IRA, a life insurance policy, a car, and personal belongings.
It would be easy to imagine that all of those things are gathered together into one estate and then divided among the heirs.
Florida law does not work that neatly.
An account with a valid beneficiary designation may pass directly to the named beneficiary. Certain jointly owned property may pass to the surviving owner. Life insurance and retirement accounts can also transfer according to their beneficiary designations rather than through the probate process.
Other property may become part of the probate estate and have to be administered through the court system.
21This distinction can completely change what happens after a death.
It also explains why finding the will is only one part of the initial investigation. The ownership documents, deeds, account agreements, beneficiary designations, and other estate planning documents may be just as important.
The Florida Bar describes probate as the process of identifying and gathering probate assets, paying valid obligations, and distributing what remains to the people entitled to receive it.
A will tells the court what the deceased wanted. It does not eliminate the legal process.
A valid will is important, but it does not simply cause property to change hands the moment someone dies.
The will is presented to the probate court, and the person nominated to administer the estate generally becomes the personal representative once appointed and qualified.
Florida deliberately uses “personal representative” as the general legal term rather than relying on terms such as executor or administrator.
That person then has legal authority over the probate estate and corresponding responsibilities.
This is an important distinction for families.
Someone named in a will does not simply become the owner of the estate. The personal representative may first have to identify and protect the assets, determine what the estate owes, deal with creditors, resolve claims, and determine what can ultimately be distributed.
The will provides instructions. Probate is the legal machinery through which those instructions are carried out.
And if there is no will?
The absence of a will does not mean that everything becomes uncertain.
It means Florida’s intestacy laws determine who inherits the probate estate.
The result depends on the surviving family members. A surviving spouse, children, parents, and other relatives can have different rights depending on the circumstances.
Homestead can make the analysis even more unusual.
Florida law contains special rules for a deceased person’s homestead when a spouse and descendants survive. Under the applicable statute, the surviving spouse may receive a life estate with a vested remainder for the descendants, or may elect an undivided one half interest as a tenant in common, subject to the statutory requirements.
That is one reason the simple statement “the house goes to the children” can be legally misleading.
The person handling the estate is not simply carrying out family wishes
The personal representative occupies a fiduciary position.
Florida law gives the personal representative possession or control of much of the decedent’s property and requires reasonable steps to manage, protect, and preserve estate property until distribution. Protected homestead is treated separately.
That can put the personal representative in an unusual position.
The person may be a child, spouse, sibling, or other relative of the deceased. At the same time, that person is administering property that may ultimately belong to several different beneficiaries and may have to be used to satisfy creditors or other obligations first.
Family agreement does not eliminate those duties.
A personal representative who mishandles estate property can face personal consequences. Florida’s fiduciary rules can impose liability for losses resulting from a breach of duty.
This is also why the role can become complicated even when everyone initially gets along.
The estate may owe money before anyone receives an inheritance
Death does not erase a person’s outstanding obligations.
Probate can involve mortgages, taxes, medical expenses, credit accounts, business obligations, and other legitimate claims against the estate. Florida has specific procedures governing creditor claims, including deadlines for filing them.
Generally, claims must be filed within the statutory period, subject to exceptions and special rules. The personal representative is responsible for administering the estate in accordance with those requirements.
This creates an important distinction:
The value of an estate is not necessarily the same thing as the value of the inheritance.
An estate may own substantial property while also carrying substantial obligations.
The personal representative has to determine what remains after the legally required expenses and claims are addressed.
Not every estate needs the same kind of probate
This is where Florida’s probate system becomes more interesting than the familiar idea of “going through probate.”
Florida provides different procedures depending on the circumstances of the estate. Formal administration is the more extensive process, while summary administration provides an abbreviated procedure for qualifying estates.
And Florida changed the rules in 2026.
Beginning July 1, 2026, an estate can generally qualify for summary administration when the value of the estate subject to administration in Florida, after excluding property exempt from creditors’ claims, does not exceed $150,000. Summary administration can also be available when the decedent has been dead for more than two years. The previous threshold was $75,000.
That is a significant change for Florida families.
It also means that an older article telling readers that summary administration is limited to estates worth $75,000 or less may now be giving them outdated information.
There are additional small estate procedures as well. Florida law provides a limited route for disposition without administration in certain intestate estates involving qualifying personal property and other statutory conditions.
The point is not that every family should try to avoid probate.
The point is that the appropriate procedure depends on the estate in front of you.
Then there is the house
For many families, the most important asset is also the one most likely to produce difficult legal questions.
Florida homestead law has constitutional protections and statutory rules that can affect what happens to a home after its owner dies. Those rules can interact with a will, a surviving spouse’s rights, descendants, prior ownership arrangements, and the language of deeds executed during the owner’s lifetime.
A recent Broward County case illustrates how quickly this can become complicated.
In McFarlane v. Holness, decided by Florida’s Fourth District Court of Appeal on September 23, 2026, a surviving spouse challenged the treatment of a property as homestead after her husband’s death. The case involved an enhanced life estate deed, commonly called a Lady Bird Deed.
The appellate court did not decide who ultimately had the better claim to the property. Instead, it held that the trial court had improperly resolved the deed’s legal effect at the motion to dismiss stage and sent the case back for further proceedings.
That distinction is worth noticing.
The dispute was not simply about who was named in a document. It involved the nature of the deceased person’s ownership interest, the effect of a deed, and the surviving spouse’s potential homestead rights.
In other words, “Who gets the house?” can sometimes be the beginning of the legal question rather than the end of it.
What should the family do first?
There is no universal checklist, because every estate is different. But several questions should be answered before anyone starts distributing property:
- Was there a will, trust, or other estate planning document?
- How was each major asset owned?
- Were beneficiaries named on financial accounts, insurance policies, or retirement accounts?
- Was the deceased’s home protected homestead?
- What debts, taxes, or other obligations remain?
- Does the estate qualify for summary administration or another simplified procedure?
- Who has authority to act for the estate?
And perhaps most importantly:
Has anyone started distributing property before determining what the estate actually owes and what procedure applies?
That last question can save a family from turning a manageable probate administration into a dispute.
What happens next depends on the estate
No single event can be called “what happens after someone dies.”
There is an investigation into ownership. There may be a will to probate. Someone may need to be appointed personal representative. Creditors may have claims. Property may need to be protected or sold. A surviving spouse may have statutory rights. Beneficiaries may disagree. A house may be subject to homestead rules that make an apparently simple inheritance considerably more complicated.
And sometimes the estate qualifies for a simplified procedure instead.
That is why the first useful step is usually not trying to predict the entire probate process from the family circumstances alone. It is determining what the deceased owned, how those assets were held, and which Florida rules apply to them.
Probate in Coral Springs and Broward County
For families in Coral Springs, Broward County, and throughout South Florida, these questions are governed by Florida’s probate statutes and rules, with the appropriate proceedings handled through the local court system.
A relatively simple estate may require little more than careful administration. Another may involve a contested will, a homestead dispute, competing beneficiaries, creditor claims, or questions about the personal representative’s conduct.
The difference is often found in the details of how the deceased owned the property and what happened before and after death.
When a Florida Probate Attorney Can Help
If you are dealing with an estate after the death of a parent, spouse, relative, or other loved one, the most important legal questions may not be obvious from the will itself.
A probate attorney can help determine which assets require administration, explain the responsibilities of the personal representative, address creditor and beneficiary issues, and identify problems involving real estate, homestead, or disputed estate property before they become more difficult to resolve.
Reinfeld & Cabrera P.A. represents clients in probate and estate matters in Coral Springs, Broward County, and throughout South Florida.
Questions People Often Ask
Does everything a person owns go through probate in Florida?
- No. Certain assets can pass outside probate through beneficiary designations, survivorship arrangements, or other forms of ownership. Whether an asset is subject to probate depends on how it was owned and how it was designated.
Does a will avoid probate?
- Generally, no. A will provides instructions for the distribution of probate assets, but those assets may still need to pass through the applicable probate process.
What is a personal representative?
- A personal representative is the person or qualified institution appointed by the court to administer a probate estate. Florida uses this term instead of executor or administrator.
Is probate always necessary in Florida?
- No. Florida has formal administration, summary administration, and other procedures for qualifying estates. The facts and assets of the estate determine which procedure may apply.
What changed to Florida’s probate law in 2026?
- Among other changes, Florida increased the statutory threshold for summary administration from $75,000 to $150,000, effective July 1, 2026.
Can a personal representative be held personally responsible for mishandling an estate?
- Yes. A personal representative has fiduciary duties and can be liable for losses resulting from a breach of those duties. The specific consequences depend on the conduct and circumstances involved.
Related Florida Probate Topics
What Is Summary Administration in Florida?
The 2026 increase to $150,000 makes this a particularly timely subject for a dedicated article explaining eligibility, procedure, and the differences from formal administration.
What Happens to a House When Someone Dies in Florida?
A deeper examination of homestead, surviving spouse rights, descendants, deeds, and disputes over inherited real estate.
What Assets Avoid Probate in Florida?
A focused explanation of beneficiary designations, joint ownership, survivorship rights, trusts, and other methods by which assets may pass outside probate.
What Does a Personal Representative Do in Florida?
A more detailed look at fiduciary duties, control of estate property, creditor claims, distributions, conflicts, and potential liability.
What Happens to Debts When Someone Dies in Florida?
A dedicated article on creditor claims, mortgages, taxes, estate expenses, and the distinction between estate debts and personal liability.
How Long Does Probate Take in Florida?
A separate piece could examine formal administration, summary administration, creditor periods, contested estates, and the factors that make some probate cases considerably longer than others.