Common Probate Mistakes In Florida: What You Need To Know
Last updated on May 1, 2025
Florida’s probate system follows strict rules that differ from those of other states, creating potential pitfalls for those unfamiliar with local requirements. When families attempt to navigate these waters without proper legal guidance, they often encounter complications that cost them time, money and unnecessary stress.
At Feldman & Feldman, Counsellors at Law, P.A., we bring over three decades of hands-on experience guiding Coral Springs and South Florida residents through the probate process. As a boutique law firm, you work directly with seasoned lawyers who handle your case personally. Our understanding of Florida probate law can make a difference in achieving timely, cost-effective results.
Critical Missteps In Florida Probate Administration
Many personal representatives attempting to navigate the probate process without an attorney who will properly guide and advise them, unknowingly make these mistakes that complicate the probate process:
● Misunderstanding Florida’s unique probate laws: Florida has distinctive procedural requirements and timelines that must be strictly followed. The personal representative may be subject to removal if they do not adhere to their responsibilities.
● Improper asset identification: Many personal representatives struggle to properly identify which assets are subject to probate and which assets bypass the probate process. This can lead to great confusion and waste of resources truing to “sort out” what is and is not subject to estate creditors and which assets properly belong to which beneficiaries.
● Mishandling creditor claims: Florida law mandates specific procedures for notifying creditors and addressing their claims within statutory timeframes. Unless potential creditor claims are properly handled, the personal representative risks distributing assets before ensuring all potential creditors are properly noticed and all legitimate claims are satisfied.
● Ignoring tax obligations: Even modest estates may have tax filing requirements that, when missed, create significant complications if estate assets have already been distributed to beneficiaries or otherwise disbursed before ensuring that any taxes that may be owed by the decedent or the estate are satisfied.
We have seen how these mistakes can transform what should be a straightforward process into a prolonged, costly ordeal. Our Coral Springs lawyers work with you to avoid these pitfalls from the outset, providing clear guidance at each stage of administration.
Interpersonal Challenges In Florida Probate
Some of the most difficult and costly complications in a probate administration involve the family dynamics that arise during the probate process. While legal deadlines and court requirements are clear and designed to maximize efficiency, the raw emotions and strained relationship among the decedent’s family and friends often leads to delays and outright conflict – all of which can cost the estate time and money before being resolved:
● Family conflict: Disagreements among beneficiaries can paralyze the probate process, particularly when decisions are questioned.
● Personal representative issues: When the named representative cannot or will not serve, complications can arise with respect to who will serve as personal representative.
● Will contests: Disinherited persons may seek to set aside a will. For example, they may claim the decedent lacked capacity or was unduly influenced by another when executing their will. These contests can derail standard procedures and lead to prolonged litigation, sometimes lasting years. An experienced probate attorney can advise the personal representative what steps should be taken to lessen the probability of a costly and time-consuming will contests.
Our firm takes a team approach to each case, with multiple attorneys working together on each matter to address each unique challenge and ensure every client has the benefit of our firm-wide expertise. This depth of attention means personalized service will not be sacrificed for volume.
Connect With Experienced Coral Springs Probate Attorneys
When you work with Feldman & Feldman, Counsellors at Law, P.A., you benefit from having attorneys who are directly accessible – returning your calls and emails within 24 hours. Feel free to contact our Coral Springs probate attorneys today by calling 954-228-6074 or using our online contact form.