The Probate Process in Florida

By: Nehemiah Jefferson, Esq., LL.M.

This article will provide a brief overview of the probate process in Florida and some actions that may be required.  

The Probate Process

• Any assets titled exclusively to your loved one’s name and/or lacking a beneficiary designation are subject to the probate process.
• Any assets naming the “Estate” of your loved one as beneficiary will be subject to probate.
• Total assets exceeding $75,000 will require an attorney for the probate process called Formal Administration and typically is 9 – 18 months in duration.
• Total assets valued between $6,000- $75,000 may require an attorney, and may usually utilize the probate process called Summary Administration and typically is 6 – 9 months in duration.
• If there is only personal property which is exempt from claims of creditors and that total amount does not exceed the sum of the amount of preferred funeral expenses and/or reasonable and necessary medical and hospital expenses of the last sixty (60) days of the last illness, this is called Disposition without Administration.
• If a Formal or Summary Administration is required, it is generally a paperwork process and no hearing with the judge will be required, unless a family member decides to object to something.

Helpful Advice

• If your spouse passed away and you own your home, please apply for Widow / Widower’s exemption on your home with the county. (May be done online & the deadline is March 1).
• If your spouse had higher Social Security monthly income than yours, you should consider applying for his/her benefit by making an appointment with the local Social Security office. (This appointment requires that you bring an extensive list of items. When you make your appointment, be sure to request the exact items needed or contact your probate attorney for assistance in determining what you need to bring to that meeting to be prepared). 
• If your spouse was a Veteran, you may be able to obtain a $500 burial check by contacting the Veteran’s Administration.
• If your spouse served in the armed forces at least one day during a period of conflict, you should consider applying for VA Aid and Attendance income.
• Unless you know the person or they come through your realtor, be cautious of offers from strangers to buy your home.
• Update your Will, Trust, Power of Attorney, Healthcare Surrogate, and Living Wills.

What To Do First 

• Meet with a funeral director.
• Order from funeral home at least 5 short form and 5 long form death certificates. (If your loved one had numerous life insurance policies or bank accounts you may want to order more.)
• Ensure your loved one’s pets are safe
• Prepare a list of people that need to be contacted (relatives, friends, neighbors, employer and co-workers) and delegate to a willing party the job of contacting each person on the list. Change the locks on your loved one’s home and/or keep home secure.
• Locate and move to a safe place all vehicle titles and keys. Only move vehicles if they are not in a safe location.
• Locate your loved one’s Will and/or Trust. (Their Power of Attorney is no longer valid for you to use.)
• Locate and move to a safe place your loved one’s wallet/purse, checkbook and any life insurance policies you find in their home or safe deposit box.

After the Funeral

• Review all of their paperwork in their home, safe deposit box and vehicles.
• Monitor the mail for bank and investment statements as well as creditors. 
• Notify your loved one’s pension companies that they have passed.
• Any pension overpayment will need to be refunded to them. (Overpayment would be any payment made to bank account for the first month after death.)
• Your funeral director will notify Social Security of the death. Social Security has the authority to withdraw overpayments from their account so be aware that this will happen, so the account does not become overdrawn.
• Unless you are joint owner on the bank account, do not use the ATM card 
  for withdrawals or make online withdrawals/transfers.
• Provide all updated creditor information to your probate attorney as well as other assets you may have located since your initial meeting. 
• Start cleaning and organizing the personal property in the home. 
• If the home will be sold, start interviewing realtors.

After You Have the Death Certificates

• Notify life insurance companies of your loved one’s death.
• Notify the credit card companies of your loved one’s death. They may want a copy of the death certificate. (Unless your name is on the account, be careful not to verbally obligate yourself for the debt.)
• Notify all companies making automatic debits from bank accounts to stop debiting unless you need the payments continued.
• Have your loved one’s mail forwarded to your address.
• Cancel the landline, cell phone and internet/cable but keep auto/home insurance and utilities payments up to date. (The cable company may require you to return their equipment.)
• Meet with your probate attorney and bring 2 short form death certificates, the original Will and/or Trust, list of asset information, creditors owed and beneficiary and family information.
• Based on the probate attorney’s advice, you will know which asset can be distributed and which needs to be kept safe and held for later.
• Your probate attorney will also advise you which bills you should continue to pay and which to hold off on paying.

Of course, this article is not all encompassing when it comes to the probate process in Florida or what you could expect upon the passing of a loved one. As with any legal matter, you should consult an Attorney. This article is for educational purposes only, is not legal advice, is not a substitute for consulting legal counsel, and does not create an attorney-client relationship.

Nehemiah Jefferson, Esq., LL.M., is Principal of America’s Tax Attorney LLC. The firm provides Civil and Criminal Tax Representation to individuals, businesses, and tax professionals nationwide with offices in Tampa and Orlando.  Other practice areas include Estate Planning, Probate, and Business Planning. He earned his Bachelor’s degree from The Florida State University, his Juris Doctor from John Marshall Law School (Atlanta), and LL.M. in Taxation from the University of Alabama. Attorney Jefferson is licensed to practice law in the State of Florida, Texas, The District of Columbia, and is a member of the United States Tax Court Bar. He is also the author of “Tax Relief Now.” He may be reached at www.americastaxattorney.com.