Walser Law Firm

What Happens to a House During Probate in Florida?

Mon, 31 Aug 2026 21:52:50 GMT

Updated August 2026

by Thomas C. Walser, Probate Attorney (40+ Years of Experience)

When someone dies owning a home in Florida, one of the first questions their family may have is: What happens to the house?

The answer depends on several factors. How the property was titled, whether there is a surviving spouse or minor child, whether the property qualifies as Florida homestead, whether there are outstanding debts, and whether the owner used estate planning tools to transfer the property outside of probate can all affect what happens next.

In some cases, a house must go through probate before it can be transferred or sold. In others, ownership may pass outside of probate or special Florida homestead rules may apply.

At Walser Law Firm , we have more than 40 years of experience helping families navigate Florida probate and estate planning. Below, we explain what can happen to a house after its owner dies and some of the most important issues families should consider.

Does a House Have to Go Through Probate in Florida?

Not always.

Whether a house must go through probate largely depends on how the property was owned and what estate planning arrangements were made before the owner's death.

A home may avoid probate in certain circumstances, such as when it was:

Owned jointly with rights of survivorship.
Owned as tenants by the entirety by a married couple.
Properly titled in a trust.
Subject to an Enhanced Life Estate Deed, commonly called a Lady Bird Deed .

On the other hand, if the deceased person owned the property individually without a mechanism for transferring it outside probate, probate proceedings may be necessary to address the property and other estate assets.

This is why determining how the deed is titled is often one of the first steps after a property owner dies.

What Happens to a House When the Owner Dies?

When a Florida homeowner dies, the house does not simply become available for family members to divide among themselves.

The first step is determining the property's legal statu s.

Important questions include:

Who is listed on the deed?
Was the property the deceased person's homestead?
Was the owner married?
Did the owner have minor children?
Is there a valid will?
Is the property held in a trust? (See here for "Wills vs Trusts")
Is there a Lady Bird Deed?
Is there a mortgage on the property?
Who is legally entitled to inherit the property?

The answers can determine whether probate is required and who ultimately receives the property.

How Does Florida Homestead Law Affect an Inherited House?

Florida's homestead laws can make real estate significantly more complicated than other probate assets.

A person's primary Florida residence may qualify as protected homestead property. Special rules can affect both who may inherit the property and how the property is treated in relation to certain creditor claims.

For example, Florida law places restrictions on how homestead property may be devised when the owner is survived by a spouse or minor child.

Because homestead issues can significantly change how property is handled after death, families should not assume that the instructions in a will automatically determine what happens to the home.

Whether a property qualifies for homestead treatment depends on the individual circumstances.

Who Controls the House During Probate?

During Formal Administration, the court appoints a Personal Representative to administer the probate estate.

Depending on the circumstances and the legal status of the property, the Personal Representative may have responsibilities involving the deceased person's real estate.

Those responsibilities could include:

Protecting the property.
Maintaining appropriate insurance.
Addressing necessary maintenance.
Keeping records of expenses.
Determining whether the property should or may be sold.
Working with beneficiaries and attorneys.
Addressing mortgages, taxes, association fees, or other expenses.

A Personal Representative has fiduciary duties and must act according to Florida law rather than simply doing what one be neficiary requests.

Can You Live in a House During Probate in Florida?

Potentially, b ut this can become complicated.

A surviving spouse, beneficiary, family member, or other individual may already be living in the property when the owner dies.

Whether that person can continue living there—and under what conditions—depends on factors such as ownership rights, homestead status, the will, estate administration, and the rights of other interested parties.

Questions may also arise about who is responsible for:

Mortgage payments.
Utilities.
Property taxes.
Homeowners insurance.
Repairs.
HOA or condominium fees.

When several beneficiaries have interests in the property, disagreements over who gets to live there or who should pay expenses can quickly create conflict.

Who Pays the Mortgage During Probate?

A mortgage does not automatically disappear when the homeowner dies.

If a mortgage r emains on the property, payments generally must continue if the property is to remain in good standing with the lender.

Who ultimately pays those expenses can depend on the circumstances of the estate, the property's ownership, and what will happen to the home.

The existence of a mortgage also does not necessarily mean the lender automatically becomes the owner of the house after the borrower's death.

Families should determine the status of the loan promptly rather than ignoring mortgage notices or assuming the debt will resolve itself through probate.

Who Pays Property Taxes, Insurance, and Other Expenses?

Owning a house continues to cost money even after its owner dies.

Expenses may in clude:

Property taxes.
Homeowners insurance.
Mortgage payments.
HOA or condominium assessments.
Utilities.
Lawn care.
Repairs and maintenance.
Security expenses.

One of the Personal Representative's responsibilities may involve ensuring estate property is appropriately protected while the estate is being administered.

Keepin g detailed records of expenses associated with the property is especially important.

Can a House Be Sold During Probate in Florida?

Yes, in appropriate circumstances, Florida real estate can be sold during probate.

However, the process may be di fferent from an ordinary real estate sale.

Whether and how the property can be sold depends on issues such as:

The terms of the will.
Whether the property is protected homestead.
Who inherited or has an interest in the property.
The Personal Representative's authority.
Whether court involvement or approval is required.
Whether beneficiaries agree.
Whether creditor or estate issues affect the property.

Families should therefore obtain legal guidance before listing or attempting to sell probate property.

Why Would a House Be Sold During Probate?

There are several reasons selling real estate may become necessary or desirable.

For example, the beneficiaries may decide they would rather receive money than jointly own a house.

A sale may also be considered when:

No beneficiary wants the property.
Multiple beneficiaries cannot agree on what to do with it.
The estate needs liquidity for appropriate expenses.
Maintaining the property is becoming burdensome.
The home has an outstanding mortgage.
Beneficiaries live in different states.
The property is vacant.

Selling the home can sometimes simplify administration, but the legal rights of beneficiaries and applicable homestead protections must first be considered.

What Happens If Multiple Siblings Inherit a House?

This is one of the situations most likely to create family disputes.

For example, imagine three siblings inherit their parent's Florida home.

One sibling wants to keep it.

Another wants to sell it.

The third wants to live in it.

Suddenly, a valuable inheritance can become a source of conflict.

Depending on how title passes and the circumstances of the estate, the beneficiaries may eventually become co-owners of the property.

They might agree to:

Sell the property and divide the proceeds.
Have one beneficiary purchase the others' interests.
Keep the property jointly.
Rent the property and share income and expenses.

If the owners cannot reach an agreement, additional legal proceedings may sometimes be necessary to resolve ownership disputes.

Can Creditors Take a House During Probate?

This question is particularly important in Florida because homestead property can receive significant creditor protections .

Qualifying Florida homestead property that passes to appropriate heirs may be protected from many creditor claims.

However, homestead protection is not absolute, and exceptions can apply. Mortgages and certain obligations associated with the property may still affect it.

The treatment of a house therefore depends heavily on whether it qualifies as protected Florida homestead and to whom it passes.

Families should not sell, transfer, or distribute property based solely on the assumption that it is—or is not—protected from creditors.

What If There Is No Will?

If someone dies without a valid will, they are considered to have died intestate .

That does not mean the State of Florida automatically receives the house.

Instead, Florida's intestacy laws determine which relatives inherit the deceased person's property.

Depending on the family circumstances, potential heirs may include:

A surviving spouse.
Children or descendants.
Parents.
Siblings.
Other relatives.

Florida homestead rules may also affect how a primary residence passes when there is a surviving spouse or minor child.

What If the House Has a Lady Bird Deed?

A Lady Bird Deed , also known as an Enhanced Life Estate Deed, can allow Florida real estate to transfer directly to designated beneficiaries upon the owner's death.

During life, the owner generally retains significant control over the property, including the ability to sell, mortgage, or change the future beneficiaries.

After death, property subject to a properly prepared Lady Bird Deed may pass to the designated beneficiaries without requiring probate for that property .

Thi s makes Lady Bird Deeds an important probate-avoidance tool for some Florida homeowners.

What If the House Is Owned by a Trust?

Real estate that was properly transferred into a Revocable Living Trust during the owner's lifetime generally does not need to go through probate solely to transfer ownership under the trust.

Instead, the successor trustee administers the property according to the terms of the trust.

This highlights an important estate planning principle:

Creating a trust isn't enough—the property must be properly titled or transferred into the trust when appropriate.

A house that was intended to be placed in a trust but never properly transferred may create additional issues after the owner's death.

Can You Avoid Probate on a House in Florida?

In many situations, yes.

Estate planning strategies that may allow Florida real estate to transfer outside probate include:

Revocable Living Trusts.
Lady Bird D eeds.
Certain forms of joint ownership with survivorship rights.
Tenancy by the Entirety for qualifying married couples.

The right strategy depends on the homeowner's family, assets, tax considerations, creditor concerns, and long-term estate planning goals.

Avoiding probate should not be the only consideration when deciding how to title or transfer real estate.

Common Mistakes Families Make With a House During Probate

Real estate is often one of the most valuable assets in an estate, making mistakes particularly costly.

Common problems include:

Selling the House Too Quickly

Families should determine ownership, homestead status, and the authority to sell before moving forward with a sale.

Letting Insurance Lapse

A vacant home can present different insurance risks. Maintaining appropriate coverage is important while ownership issues are being resolved.

Ignoring the Mortgage

Mortgage obligations generally do not disappear simply because the borrower has died.

Assuming the Will Controls Everything

Florida homestead law, property ownership, trusts, survivorship rights, and deeds can affect what happens regardless of what someone expects based solely on the will.

Distributing Property Before Resolving Probate Issues

Personal Representatives should understand their legal duties before distributing estate property.

Failing to Maintain the Property

A vacant house can deteriorate quickly. Security, utilities, lawn care, repairs, and other maintenance may still need attention.

What Should You Do With a House After Someone Dies?

If a loved one owned Florida real estate, some of the first steps generally include:

Locate the deed and determine how the property is titled.
Locate the will and trust documents, if any.
Determine whether there is a Lady Bird Deed or another estate planning arrangement affecting the property.
Identify any mortgage, insurance, tax, HOA, or condominium obligations .
Make sure the property remains secure and appropriately insured .
Determine whether the property may qualify as Florida homestead .
Speak with a Florida probate attorney before selling, transferring, or distributing the property.

Taking these steps early can help prevent unnecessary complications later in the probate process.

Frequently Asked Questions About Houses and Florida Probate

Does a house automatically go to the person named in a will?

Not necessarily. The will is important, but Florida homestead law, the property's title, trusts, survivorship rights, and other estate planning arrangements can affect how the property passes.

Can you sell a house before probate is finished in Florida?

Potentially. A house may sometimes be sold while probate is still pending, but the appropriate procedure depends on the property's status, the Personal Representative's authority, homestead issues, and other circumstances.

Can a beneficiary live in the house during probate?

Sometimes. Whether a beneficiary can occupy the property depends on the individual's legal rights and the circumstances of the estate. Expenses and the rights of other beneficiaries should also be considered.

What happens if siblings inherit a house and one refuses to sell?

The co-owners may attempt to reach an agreement, such as a buyout. If they cannot agree, legal remedies may be available depending on how ownership has passed and the circumstances.

Does a mortgage have to be paid after someone dies?

Generally, the mortgage obligation does not simply disappear at death. The loan and property should be addressed promptly during the administration of the estate.

Does a Lady Bird Deed keep a house out of probate?

A properly prepared Lady Bird Deed can allow Florida real estate to pass directly to designated beneficiaries at death, generally avoiding probate for that property.

Can a house in a trust avoid probate?

Generally, real estate properly transferred into a Revocable Living Trust can be administered through the trust rather than probate.

Why Families Choose Walser Law Firm for Florida Probate

When a loved one leaves behind real estate, families may be dealing with probate, mortgages, creditors, beneficiaries, homestead laws, and property maintenance at the same time.

Having experienced legal guidance can m ake the process easier to understand.

For more than 40 years , Walser Law Firm has helped families navigate Florida probate and estate planning. Led by Thomas C. Walser , a former CPA with a Master's Degree in Estate Planning , our firm has handled more than 4,000 probate matters , including over 1,000 Summary Administration cases .

Our probate paralegals have more than 50 years of combined experience , and we assist families with probate matters throughout all 67 Florida counties .

Whether you need to determine what happens to a loved one's house, begin probate, sell estate property, or create an estate plan designed to simplify matters for your own family, our team can help.

Contact Walser Law Firm today to speak with an experienced Florida probate attorney about your situation.

What Is a Lady Bird Deed and How Does It Work in Florida?

Thu, 06 Aug 2026 20:51:55 GMT

Updated August 2026

by Thomas C. Walser, Estate Planning Attorney (40+ Years of Experience)

For many Florida homeowners, one of the biggest estate planning goals is avoiding probate. While trusts are often discussed as a probate avoidance strategy, they're not the only option. One lesser-known but highly effective tool available under Florida law is the Lady Bird Deed .

A Lady Bird Deed, also known as an Enhanced Life Estate Deed , allows a property owner to retain complete control of their real estate during their lifetime while allowing the property to automatically transfer to designated beneficiaries upon death—often without going through probate.

At Walser Law Firm, we've spent more than 40 years helping Florida families protect their homes and simplify the transfer of property through effective estate planning. Understanding how a Lady Bird Deed works can help you determine whether it's the right option for your situation.

What Is a Lady Bird Deed?

A Lady Bird Deed is a special type of deed recognized in Florida that allows a homeowner to transfer real estate to one or more beneficiaries upon death while retaining full ownership and control during their lifetime .

Unlike a traditional life estate deed, a Lady Bird Deed gives the property owner significantly more flexibility.

During your lifetime, you generally maintain the right to:

Live in the home.
Sell the property.
Refinance the property.
Mortgage the property.
Change or remove beneficiaries.
Revoke the deed entirely.

Because you keep complete control over the property, the beneficiaries have no ownership rights until your death.

How Does a Lady Bird Deed Work?

When a Lady Bird Deed is properly prepared and recorded, the property owner names one or more beneficiaries—known as remaindermen —who will receive ownership of the property after the owner's death.

During the owner's lifetime:

The owner remains in full control of the property.
The beneficiaries generally have no present ownership rights.
The owner may sell or transfer the property without obtaining the beneficiaries' permission.

Upon the owner's death, ownership typically transfers directly to the named beneficiaries without the property becoming part of the probate estate.

Does a Lady Bird Deed Avoid Probate?

In many cases, yes.

Because ownership transfers automatically upon the death of the property owner, real estate covered by a properly executed Lady Bird Deed often does not need to pass through probate.

Avoiding probate can help:

Simplify the transfer of real estate.
Reduce court involvement.
Minimize delays.
Lower administrative expenses.
Provide greater privacy for families.

However, a Lady Bird Deed only affects the specific property covered by the deed. Other assets may still require probate depending on how they are owned.

What Are the Benefits of a Lady Bird Deed?

For many Florida homeowners, a Lady Bird Deed offers several advantages.

You Keep Complete Control

Unlike some estate planning tools, you do not give up ownership of your property during your lifetime.

You remain free to:

Sell the property.
Refinance.
Take out a mortgage.
Lease the property.
Change beneficiaries if your circumstances change.

Your Home May Avoid Probate

One of the biggest benefits is that the property may transfer directly to your beneficiaries without probate.

This can save your loved ones time and simplify estate administration.

It Can Be Revoked

If you decide to change your estate plan, you can generally revoke or replace the Lady Bird Deed during your lifetime.

This flexibility is one reason many homeowners choose this planning tool.

It May Help Preserve Privacy

Because probate is a public court process, avoiding probate may reduce the amount of information that becomes part of the public record.

Are There Any Disadvantages?

Although Lady Bird Deeds can be an excellent planning tool, they are not appropriate for every situation.

Potential considerations include:

They only apply to real estate.
They do not replace a comprehensive estate plan.
Other assets may still require probate.
They may not accomplish every estate planning goal for blended families or complex estates.

An experienced estate planning attorney can help determine whether a Lady Bird Deed fits your overall estate plan.

Lady Bird Deed vs. Revocable Living Trust

Both a Lady Bird Deed and a Revocable Living Trust can help reduce probate, but they serve different purposes.

A Lady Bird Deed:

Applies only to real estate.
Allows property to transfer automatically after death.
Is often simpler and less expensive than creating a trust.

A Revocable Living Trust:

Can hold many different types of assets.
May help avoid probate for multiple assets.
Provides additional planning opportunities for more complex estates.

For some families, using both tools together may provide the greatest flexibility.

Lady Bird Deed vs. Traditional Life Estate Deed

People often confuse these two types of deeds.

With a traditional life estate deed, the property owner's ability to sell or mortgage the property may be limited because the beneficiaries have a present ownership interest.

A Lady Bird Deed generally allows the owner to retain far greater control, including the ability to sell or refinance the property without obtaining the beneficiaries' consent.

Who Should Consider a Lady Bird Deed?

A Lady Bird Deed may be appropriate for homeowners who want to:

Help their family avoid probate.
Retain full control of their home.
Continue living in the property.
Preserve flexibility if circumstances change.
Transfer their home efficiently after death.

Every family's circumstances are different, so it's important to receive individualized legal advice before deciding whether this planning tool is appropriate.

Common Misconceptions About Lady Bird Deeds

"I lose ownership of my house."

False.

You generally retain full ownership and control during your lifetime.

"My beneficiaries can force me to sell."

No.

The beneficiaries generally have no present ownership rights while you are alive.

"A Lady Bird Deed replaces my entire estate plan."

No.

A Lady Bird Deed addresses only the specific real estate covered by the deed. Most people still benefit from having a comprehensive estate plan that includes a will, powers of attorney, health care directives, and, when appropriate, trusts.

"Everyone should have one."

Not necessarily.

Whether a Lady Bird Deed is appropriate depends on your assets, family situation, and overall estate planning goals.

Why Families Choose Walser Law Firm

For more than 40 years , Walser Law Firm has helped Florida homeowners protect their property through thoughtful estate planning.

Led by Thomas C. Walser , a former Certified Public Accountant (CPA) with a Master's Degree in Estate Planning, our firm provides experienced guidance on Lady Bird Deeds, wills, trusts, probate, powers of attorney, and comprehensive estate planning.

Whether you're trying to avoid probate or simply want to ensure your home transfers according to your wishes, our team is here to help.

Contact Walser Law Firm today to schedule a consultation with an experienced Florida estate planning attorney.

Frequently Asked Questions:

What is a Lady Bird Deed?

A Lady Bird Deed, or Enhanced Life Estate Deed, is a legal document that allows a Florida homeowner to retain full control of their property during life while allowing it to transfer automatically to designated beneficiaries upon death.

Does a Lady Bird Deed avoid probate?

In many cases, yes. Property covered by a properly executed Lady Bird Deed generally transfers directly to the named beneficiaries without becoming part of the probate estate.

Can I sell my house if I have a Lady Bird Deed?

Yes. One of the key benefits of a Lady Bird Deed is that you generally retain the right to sell, refinance, mortgage, or otherwise manage the property during your lifetime.

Is a Lady Bird Deed better than a trust?

It depends. A Lady Bird Deed applies only to real estate, while a Revocable Living Trust can hold many different types of assets. An estate planning attorney can help determine which option best fits your goals.

Can Probate Be Avoided in Florida? 7 Legal Ways to Keep Your Estate Out of Probate

Thu, 06 Aug 2026 20:35:55 GMT

Updated August 2026

by Thomas C. Walser, Estate Planning Attorney (40+ Years of Experience)

Many people assume probate is unavoidable after someone passes away. While probate is necessary for many estates, it is not required for every asset or every estate. With proper estate planning, many individuals can reduce the amount of property that must go through probate—or, in some cases, avoid probate altogether.

Avoiding probate can save your loved ones time, reduce court involvement, preserve privacy, and simplify the transfer of assets after your death. However, the right strategy depends on your unique financial situation, family structure, and estate planning goals.

At Walser Law Firm, we've spent more than 40 years helping Florida families create estate plans that protect their assets and minimize unnecessary probate complications. Here are seven common strategies that may help keep assets out of probate.

What Is Probate?

Probate is the court-supervised legal process used to administer a deceased person's estate. During probate, the court oversees the appointment of a Personal Representative, payment of valid debts, and distribution of probate assets according to the will—or Florida law if no will exists.

Not every asset becomes part of the probate estate. Assets that pass directly to a beneficiary or surviving owner often avoid probate entirely.

For more information- Click here!

1. Create a Revocable Living Trust

One of the most effective ways to avoid probate is by creating a Revocable Living Trust .

Unlike a will, a trust can hold ownership of your assets during your lifetime. After your death, the successor trustee can distribute trust assets directly to your beneficiaries according to the trust agreement, often without court-supervised probate.

A trust may be especially beneficial if you:

Own multiple properties.
Have a blended family.
Value privacy.
Want to simplify estate administration.
Plan for potential incapacity.

However, simply creating a trust is not enough. Assets generally must be properly transferred into the trust for it to accomplish its intended purpose.

2. Keep Beneficiary Designations Up to Date

Many financial assets pass directly to the person named as beneficiary.

These often include:

Life insurance policies
IRAs
Roth IRAs
401(k) plans
Annuities
Pension benefits

Because these assets generally pass by beneficiary designation, they usually are not controlled by your will and often avoid probate.

Regularly reviewing beneficiary designations helps ensure your assets are distributed according to your current wishes.

3. Use Payable-on-Death (POD) and Transfer-on-Death (TOD) Designations

Certain financial accounts allow you to name a beneficiary who automatically receives the account upon your death.

Examples include:

Payable-on-Death (POD) bank accounts
Transfer-on-Death (TOD) brokerage accounts

These designations often allow assets to transfer directly to beneficiaries without becoming part of the probate estate.

"Probate vs. Non-Probate Assets"- Click here!

4. Properly Title Jointly Owned Property

The way property is titled can significantly affect whether probate is required.

Certain forms of joint ownership may allow property to pass directly to th e surviving owner upon death.

Examples may include:

Joint tenancy with rights of survivorship
Tenancy by the entirety (available to many married couples in Florida)

Because every ownership arrangement is different, proper legal guidance is important before changing how assets are titled.

5. Consider Enhanced Life Estate (Lady Bird) Deeds

Florida recognizes Enhanced Life Estate Deeds , commonly known as Lady Bird Deeds .

These deeds may allow real estate to transfer automatically to designated beneficiaries upon the owner's death while allowing the owner to retain control of the property during life.

For many Florida homeowners, a Lady Bird Deed can be an effective probate avoidance tool, although it may not be appropriate in every situation.

6. Review Your Estate Plan Regularly

Even the best estate plan can become outdated.

Marriage, divorce, the birth of children, changes in financial circumstances, or the death of a beneficiary can all affect how your assets are distributed.

Regularly reviewing your:

Will
Trust
Beneficiary designations
Powers of Attorney
Health care documents

helps ensure your estate plan continues to accomplish your goals.

7. Work With an Experienced Estate Planning Attorney

Probate avoidance isn't about using a single document—it's about creating a coordinated estate plan.

A comprehensive plan considers:

Your assets.
Your family.
Tax considerations.
Beneficiary designations.
Trust planning.
Property ownership.
Long-term goals.

An experienced Florida estate planning attorney can recommend strategies tailored to your specific circumstances rather than relying on one-size-fits-all solutions.

Can Every Estate Avoid Probate?

Not necessarily.

Whether probate can be avoided depends on the type of assets you own, how they are titled, whether beneficiaries have been designated, and your overall estate plan.

For some families, probate may still be required for certain assets, even when other assets transfer outside of probate.

The goal of estate planning is often to minimize unnecessary probate—not necessarily eliminate it entirely.

Common Probate Avoidance Mistakes

Many people unintentionally create probate issues by:

Creating a trust but never transferring assets into it.
Forgetting to update beneficiary designations.
Assuming a will avoids probate.
Leaving outdated account ownership.
Failing to review their estate plan after major life events.
Not coordinating all estate planning documents.

Proper planning today can prevent costly problems for your loved ones tomorrow.

Why Families Choose Walser Law Firm

For more than 40 years , Walser Law Firm has helped individuals and families throughout Florida develop estate plans that protect assets, simplify estate administration, and reduce unnecessary probate complications.

Led by Thomas C. Walser , a former Certified Public Accountant (CPA) with a Master's Degree in Estate Planning, our firm provides personalized guidance in wills, trusts, probate, powers of attorney, and comprehensive estate planning.

Whether you're creating your first estate plan or updating existing documents, we're here to help you make informed decisions that protect your family and your legacy.

Contact Walser Law Firm today to schedule a consultation with an experienced Florida estate planning attorney.

Frequently Asked Questions

Does a will avoid probate?

No. A will provides instructions for distributing probate assets, but it generally does not avoid the probate process.

Does a trust avoid probate?

Assets that are properly transferred into a revocable living trust generally do not pass through probate. However, assets left outside the trust may still require probate.

Do beneficiary designations avoid probate?

In many cases, yes. Assets with valid beneficiary designations often pass directly to the named beneficiary without becoming part of the probate estate.

Can probate be avoided completely?

Some estates may avoid probate entirely, while others may still require probate for certain assets. The answer depends on the estate's structure and how assets are owned.

What Happens to Credit Card Debt After Someone Dies in Florida?

Thu, 06 Aug 2026 20:18:14 GMT

Updated August 2026

by Thomas C. Walser, Probate Attorney (40+ Years of Experience)

One of the most common questions families ask after losing a loved one is, "Who is responsible for their credit card debt?" Many people worry they'll be forced to pay a deceased parent's, spouse's, or relative's outstanding credit card balances out of their own pocket.

The good news is that, in most cases, credit card debt does not automatically become the responsibility of surviving family members. Instead, those debts are generally handled as part of the probate process and are paid from the deceased person's estate if sufficient assets are available.

At Wa lser Law Firm, we've spent more than 40 years helping Florida families navigate probate and estate administration. Understanding how credit card debt is handled after death can help you avoid unnecessary stress and make informed decisions during an already difficult time.

Does Credit Card Debt Disappear After Someone Dies?

No.

A person's outstanding credit card debt does not automatically disappear when they pass away. Instead, the debt generally becomes a claim against the deceased person's estate.

During probate, the Personal Representative is responsible for identifying valid debts, notifying creditors, and paying approved claims from estate assets before distributing property to beneficiaries.

If the estate does not have enough assets to pay every debt, Florida law establishes the order in which creditors are paid.

Who Is Responsible for Paying Credit Card Debt?

In most situations, the estate—not the surviving family members—is responsible for paying the deceased person's credit card debt.

This means creditors generally seek payment from estate assets rather than from children, siblings, or other relatives.

However, certain situations may create personal responsibility, depending on the circumstances.

What If You Were a Joint Account Holder?

If you were a joint account holder on the credit card—not simply an authorized user—you may remain legally responsible for the outstanding balance.

Joint account holders generally share responsibility for the debt because both individuals agreed to the credit card contract.

Every account agreement is different, so it's important to review the specific terms of the account.

What If You Were Only an Authorized User?

Many people confuse being an authorized user with being a joint account holder.

In most cases, an authorized user is not personally responsible for the primary cardholder's debt simply because they were permitted to use the card.

However, authorized users should stop using the card after the cardholder's death unless instructed otherwise by the card issuer or authorized by law.

What Happens During Probate ?

If probate is required, creditors generally have an opportunity to file claims against the estate.

The Personal Representative is responsible for:

Identifying estate assets.
Notifying known or reasonably ascertainable creditors.
Reviewing creditor claims.
Paying valid debts when appropriate.
Distributing remaining assets to beneficiaries.

Credit card companies generally cannot simply collect whatever they want—they must follow Florida probate procedures.

"What Documents Do You Need For Probate?"- Click here

What If the Estate Doesn't Have Enough Money?

Some estates are insolvent, meaning they have more debts than assets.

When this happens, not every creditor may receive full payment.

Florida law establishes the priority for paying claims, and creditors may receive only partial payment—or none at all—depending on the available estate assets and the priority of their claims.

Beneficiaries generally do not inherit debt simply because they inherit property from the estate.

Can Creditors Take Life Insurance or Retirement Accounts?

In many situations, assets that pass directly to a named beneficiary are not part of the probate estate .

Examples may include:

Life insurance proceeds
Retirement accounts
Payable-on-Death (POD) bank accounts
Transfer-on-Death (TOD) investment accounts

Because these assets often pass directly to the named beneficiary, they may not be available to satisfy probate creditor claims. Every situation is different, and legal exceptions may apply depending on the asset and applicable law.

Can Creditors Contact Family Members?

After a person's death, creditors may attempt to contact surviving family members to obtain information about the estate or determine who is administering it.

However, surviving relatives should be cautious about making payments or agreeing that they are personally responsible for the debt without first understanding their legal obligations.

If you have questions about a creditor's request, speaking with an experienced probate attorney can help you understand your rights.

Common Misconceptions About Credit Card Debt After Death

"I inherited my parent's debt."

In most cases, simply being someone's child does not make you responsible for their credit card debt.

"My spouse automatically has to pay every credit card."

Responsibility depends on factors such as the account agreement, ownership of the account, and applicable law.

"Creditors can take everything."

Florida probate law establishes procedures for creditor claims, and not every asset is treated the same.

"I should start paying the bills immediately."

Making payments before understanding your legal obligations may not always be the best course of action. It's often wise to first determine whether the debt is the responsibility of the estate or another party.

How Estate Planning Can Help Reduce Future Complications

Although estate planning cannot eliminate legitimate debts, it can make estate administration much smoother.

A comprehensive estate plan can help:

Organize financial records.
Identify estate assets.
Clarify beneficiary designations.
Simplify probate administration.
Reduce delays for surviving family members.

Planning ahead allows your loved ones to focus on healing rather than searching for financial information.

Why Families Choose Walser Law Firm

For more than 40 years , Walser Law Firm has helped families throughout Florida navigate probate, estate administration, and estate planning with confidence.

Led by Thomas C. Walser , a former Certified Public Accountant (CPA) with a Master's Degree in Estate Planning, our team understands the legal and financial issues that arise after the death of a loved one. Whether you're serving as a Personal Representative or simply have questions about estate debts, we're here to provide experienced guidance every step of the way.

Contact Walser Law Firm today to schedule a consultation with an experienced Florida probate attorney.

Frequently Asked Questions

Does credit card debt transfer to children?

Generally, no. In most situations, children are not personally responsible for a deceased parent's credit card debt solely because of their family relationship.

What happens if there isn't enough money in the estate?

Florida law establishes how estate assets are used to pay valid creditor claims. If the estate is insolvent, some creditors may not receive full payment.

Can creditors collect from life insurance?

Life insurance proceeds that are payable directly to a named beneficiary often pass outside of probate and may not be available to satisfy probate creditor claims.

Should I pay my loved one's credit card debt?

Before making any payments, it's important to determine whether you have any legal responsibility for the debt. Consulting a probate attorney can help you understand your rights and obligations.

Do Beneficiary Designations Override a Will in Florida?

Wed, 05 Aug 2026 20:46:49 GMT

Updated August 2026

by Thomas C. Walser, Estate Planning Attorney (40+ Years of Experience)

Many people spend years creating a Last Will and Testament , believing it determines who will inherit all of their assets. However, one of the most common estate planning mistakes is assuming that a will controls everything after death.

In reality, certain assets pass directly to a named beneficiary and are not controlled by your will. This means an outdated beneficiary designation can override the instructions in your will, potentially leaving assets to someone you no longer intended to inherit them.

At Walser Law Firm, we've helped Florida families with estate planning and probate for more than 40 years . Understanding how beneficiary designations work can help you avoid costly mistakes and ensure your estate plan reflects your true wishes.

What Is a Beneficiary Designation?

A beneficiary designation is a legal instruction that tells a financial institution, insurance company, or retirement plan administrator who should receive a specific asset after your death.

Unlike assets controlled by a will, beneficiary-designated accounts typically pass directly to the named beneficiary without going through probate.

Because these designations operate independently of your will, they are an important part of every estate plan.

Do Beneficiary Designations Override a Will?

In many cases, yes.

If an asset has a valid beneficiary designation, that designation generally determines who receives the asset—even if your will says something different.

For example:

Suppose your will states that all of your assets should be divided equally between your two children.

However, your life insurance policy still lists your former spouse as the beneficiary because you never updated the designation after your divorce.

Even though your will leaves everything to your children, the life insurance proceeds may still be paid to your former spouse because the beneficiary designation controls that particular asset.

This is why reviewing beneficiary designations is just as important as updating your will.

Which Assets Commonly Have Beneficiary Designations?

Many valuable assets pass directly to beneficiaries instead of through probate.

These commonly include:

Life insurance policies
Traditional IRAs
Roth IRAs
401(k) plans
403(b) plans
Pension benefits
Annuities
Payable-on-Death (POD) bank accounts
Transfer-on-Death (TOD) investment accounts
Certain brokerage accounts

Each financial institution maintains its own beneficiary records, making it important to review every account individually.

Why Doesn't My Will Control These Assets?

A will only controls assets that become part of your probate estate.

When you sign a beneficiary designation, you're entering into a contractual agreement with the financial institution holding the asset.

Upon your death, the institution generally distributes the asset according to that contract—not according to your will.

Because these assets usually pass outside of probate, the Personal Representative generally does not distribute them through the probate process.

Common Beneficiary Designation Mistakes

Many estate planning problems occur because beneficiary designations haven't been reviewed for years.

Some of the most common mistakes include:

Forgetting to Update Beneficiaries After Divorce

One of the biggest mistakes is leaving a former spouse listed as a beneficiary after a divorce.

Although Florida law may affect certain beneficiary designations in some circumstances, every situation is different. It's important to review all beneficiary designations whenever your family situation changes.

Naming Minor Children Directly

Minor children generally cannot directly manage inherited assets.

Instead, parents may wish to discuss trusts or other planning options with an experienced estate planning attorney.

Forgetting Contingent Beneficiaries

If your primary beneficiary dies before you and no contingent beneficiary has been named, the asset may become part of your estate and could require probate.

Assuming Your Will Updates Everything

Many people update their wills but never contact their financial institutions to update beneficiary forms.

Unfortunately, changing your will does not automatically update your beneficiary designations.

When Should You Review Your Beneficiary Designations?

Estate planning isn't something you complete once and forget.

Review your beneficiary designations whenever you experience a major life event, including:

Marriage
Divorce
Birth or adoption of a child
Death of a beneficiary
Retirement
Opening a new financial account
Significant changes in your financial situation

Even if nothing has changed, reviewing your estate plan every few years can help ensure it still reflects your wishes.

What Happens If No Beneficiary Is Named?

If no valid beneficiary exists—or if all named beneficiaries have passed away—the asset may become payable to your estate.

When this happens, the asset may need to pass through probate before it can be distributed to your heirs.

This often results in additional time, court involvement, and administrative costs that could have been avoided with proper planning.

How Beneficiary Designations Work With Trusts

Some individuals choose to name a trust as the beneficiary of certain assets rather than naming an individual directly.

Depending on your estate planning goals, this may help:

Protect minor children
Provide for beneficiaries with special needs
Manage distributions over time
Coordinate assets with your overall estate plan

Whether naming a trust is appropriate depends on your individual circumstances and should be discussed with an experienced estate planning attorney.

Why Coordinating Your Estate Plan Matters

A comprehensive estate plan is designed so that all of your documents work together.

Your:

Last Will and Testament
Revocable Living Trust
Durable Power of Attorney
Health Care Directives
Beneficiary Designations

should all be reviewed together to avoid unintended conflicts.

An outdated beneficiary designation can undermine an otherwise well-prepared estate plan.

Why Families Choose Walser Law Firm

For more than 40 years , Walser Law Firm has helped individuals and families throughout Florida create estate plans that protect their assets and provide peace of mind.

Led by Thomas C. Walser , a former Certified Public Accountant (CPA) with a Master's Degree in Estate Planning, our team helps clients coordinate wills, trusts, beneficiary designations, powers of attorney, and other essential estate planning documents to ensure their wishes are carried out.

Whether you're creating your first estate plan or updating an existing one, we're here to help you avoid costly mistakes and protect your family's future.

Contact Walser Law Firm today to schedule a consultation with an experienced Florida estate planning attorney.

Frequently Asked Questions:

Can a beneficiary designation override a will in Florida?

Yes. In many cases, assets with valid beneficiary designations pass directly to the named beneficiary and are generally not controlled by your will.

Do beneficiary designations avoid probate?

Many assets with beneficiary designations pass directly to the named beneficiary without going through probate.

How often should I update my beneficiary designations?

Review them after major life events such as marriage, divorce, the birth of a child, retirement, or the death of a beneficiary. It's also a good idea to review them periodically as part of your overall estate plan.

Can I name my trust as a beneficiary?

Depending on your estate planning goals, naming a trust as the bene ficiary of certain assets may be appropriate. An estate planning attorney can help determine the best option for your situation.

10 Trustee Mistakes That Can Lead to Family Disputes and Legal Problems

Wed, 05 Aug 2026 19:38:18 GMT

Updated August 2026

by Thomas C. Walser, Estate Planning Attorney (40+ Years of Experience)

Creating a trust is one of the most effective ways to protect your assets and simplify the transfer of wealth. However, even the best-drafted trust can create problems if the trustee fails to properly carry out their responsibilities.

A trustee has a legal duty to manage trust assets, follow the terms of the trust, and act in the best interests of the beneficiaries. Mistakes—whether intentional or accidental—can lead to family disputes, financial losses, delays in trust administration , and, in some cases, personal liability.

At Walser Law Firm, we've spent more than 40 years helping Florida families create and administer trusts. Understanding these common trustee mistakes can help trustees fulfill their responsibilities while protecting both the trust and its beneficiaries.

What Does a Trustee Do?

A trustee is the individual or institution responsible for administering a trust according to its terms.

Depending on the trust, a trustee's duties may include:

Managing trust investments
Protecting trust property
Paying valid debts and expenses
Filing required tax returns
Maintaining accurate financial records
Communicating with beneficiaries
Distributing trust assets according to the trust agreement

Because trustees owe fiduciary duties to the beneficiaries, they are held to a high legal standard.

1. Mixing Trust Assets With Personal Assets

One of the most serious mistakes a trustee can make is combining trust assets with personal funds.

Trust bank accounts, investment accounts, and other property should remain separate from the trustee's personal assets at all times.

Keeping clear financial boundaries helps protect beneficiaries and demonstrates proper trust administration.

2. Delaying Distributions Without a Valid Reason

Beneficiaries often become frustrated when trust distributions are delayed without explanation.

While some delays are necessary to pay taxes, resolve creditor claims, or satisfy trust requirements, unnecessary delays can create conflict and expose the trustee to legal challenges.

Keeping beneficiaries informed throughout the process often helps prevent misunderstandings.

3. Failing to Meet Tax Obligations

Many trustees don't realize that certain trusts have their own tax filing requirements.

Depending on the circumstances, trustees may need to:

Obtain a taxpayer identification number (EIN)
File trust income tax returns
Coordinate with a CPA or tax professional
Maintain records for trust income and expenses

Missing tax deadlines can result in penalties and unnecessary complications.

4. Distributing Assets Before the Trust Is Ready

A trustee should ensure that all appropriate expenses, debts, taxes, and administrative obligations have been addressed before making final distributions.

Making distributions too early can create financial problems if unexpected obligations arise later.

Careful planning helps protect both the trust and the trustee.

5. Failing to Prudently Manage Trust Investments

Trustees generally have a duty to manage trust assets prudently and in accordance with applicable law and the terms of the trust.

Every trust is different, and investment decisions should reflect the trust's objectives, the beneficiaries' interests, and the trustee's fiduciary responsibilities.

Ignoring investments—or taking unnecessary risks—can both create problems.

"The Benefits of Estate Planning"- Click here

6. Engaging in Self-Dealing

Trustees should avoid using trust assets for their own personal benefit unless expressly authorized by the trust or permitted by law.

Examples may include:

Purchasing trust property for personal use
Favoring personal interests over beneficiaries
Using trust funds for personal expenses

Even the appearance of a conflict of interest can lead to disputes.

7. Failing to Name or Plan for a Successor Trustee

Estate planning doesn't stop with choosing your initial trustee.

Every trust should consider what happens if the original trustee:

Dies
Resigns
Becomes incapacitated
Is unwilling to serve

Naming successor trustees helps ensure continuity and minimizes disruption.

"10 Estate Planning Documents Every Family Should Have"- Click here

8. Treating Beneficiaries Unequally Without Authority

Sometimes a trustee is also one of the beneficiaries.

Even then, the trustee must administer the trust according to its terms and fulfill their fiduciary duties to all beneficiaries—not simply themselves.

Remaining impartial helps reduce family conflict and protects the integrity of the trust administration process.

9. Poor Communication With Beneficiaries

Many trust disputes begin not because the trustee acted improperly, but because beneficiaries felt left in the dark.

Providing reasonable updates, responding to questions, and maintaining transparency can help build trust and reduce unnecessary conflict.

Good communication is often one of the most effective ways to prevent litigation.

10. Failing to Understand the Trust Agreement

Perhaps the biggest mistake a trustee can make is administering a trust without first understanding its terms.

Every trust is unique.

Before taking action, trustees should carefully review the trust agreement and seek legal guidance whenever questions arise about their authority or responsibilities.

Making assumptions instead of following the trust document can lead to costly mistakes.

Common Questions Trustees Ask:

Can a trustee be personally liable?

In some situations, a trustee who breaches fiduciary duties or fails to properly administer the trust may face personal liability. Every situation depen ds on the specific facts and applicable law. Click here to learn more!

Does every trust require tax filings?

Tax obligations vary depending on the type of trust and its income. Trustees should consult qualified legal and tax professionals regarding their specific responsibilities.

Should trustees hire an attorney?

Trust administration often involves legal, financial, and tax issues. Working with an experienced Florida estate planning attorney can help trustees understand their duties and avoid unnecessary mistakes.

"What to Know About Estate Planning in the Sunshine State" - Click here

Why Families Choose Walser Law Firm

For more than 40 years , Walser Law Firm has helped Florida families create and administer trusts with confidence.

Led by Thomas C. Walser , a former Certified Public Accountant (C PA) with a Master's Degree in Estate Planning, our firm provides experienced guidance on trust administration, probate , estate planning, and fiduciary responsibilities.

Whether you're creating a trust, serving as a trustee, or administering a loved one's estate, our team is here to help you navigate every step of the process.

Contact Walser Law Firm today to schedule a consultation with an experienced Florida estate planning attorney.

10 Estate Planning Documents Every Family Should Have

Tue, 04 Aug 2026 20:30:02 GMT

Updated August 2026

by Thomas C. Walser, Estate Planning Attorney (40+ Years of Experience)

Many people believe that creating a Last Will and Testament is all they need to complete their estate plan. While a will is an essential document, it is only one piece of a comprehensive estate plan.

In reality, some of the most important estate planning documents are the ones that protect you during your lifetime if you become incapacitated—not just after your death.

At Walser Law Firm, we've spent more than 40 years helping Florida families protect their loved ones through comprehensive estate planning. Below are ten important estate planning documents every Florida family should consider.

1. Durable Power of Attorney

A Durable Power of Attorney allows you to appoint someone you trust to manage your financial affairs if you become unable to do so yourself.

Depending on the authority you grant, your agent may be able to:

Pay bills
Manage bank accounts
Handle investments
Sign legal documents
Conduct real estate transactions

Without a valid Durable Power of Attorney, your loved ones may need to ask the court to appoint a guardian before someone can legally manage your finances.

2. Designation of Health Care Surrogate

A Designation of Health Care Surrogate allows you to appoint someone to make medical decisions if you cannot communicate your wishes.

Your chosen surrogate may work with physicians regarding treatment decisions, hospital care, and other medical matters when authorized under Florida law.

Choosing this person in advance helps avoid uncertainty during medical emergencies.

3. HIPAA Authorization

Even close family members can encounter difficulty obtaining medical information without proper authorization.

A HIPAA Authorization allows designated individuals to communicate with your healthcare providers and receive important medical information when appropriate.

This document often works alongside your Designation of Health Care Surrogate.

4. Living Will

A Living Will allows you to express your wishes regarding life-prolonging procedures if you have a terminal condition, end-stage condition, or are in a persistent vegetative state.

Instead of leaving difficult decisions entirely to your loved ones, a Living Will provides guidance regarding your medical preferences.

5. Digital Asset Inventory

Today's estate plans should include more than physical property.

A Digital Asset Inventory can include:

Email accounts
Online banking
Cryptocurrency
Social media
Cloud storage
Subscription services
Password manager information

Organizing this information now can save your family significant time and frustration later.

6. Personal Property Memorandum

Many families disagree over sentimental personal belongings rather than high-value assets.

A Personal Property Memorandum allows you to identify who should receive specific personal items such as:

Jewelry
Artwork
Firearms (where legally possessed)
Family heirlooms
Collectibles
Furniture

Providing written instructions can help reduce family disputes after your death.

7. Letter of Instruction

Although not a legally binding document, a Letter of Instruction can provide valuable guidance for your loved ones.

You might include:

Where important documents are stored
Contact information for your attorney and financial advisor
Funeral preferences
Important passwords
Information about recurring bills
Locations of safe deposit boxes

Many families find this document invaluable during the first few weeks after a loved one's passing.

8. Current Beneficiary Designations

One of the most overlooked parts of estate planning is reviewing beneficiary designations.

Assets such as:

Life insurance
IRAs
401(k) plans
Annuities
Payable-on-death accounts

generally pass according to the beneficiary designation—not your will.

Keeping these designations current is one of the simplest ways to avoid unintended consequences.

Beneficiary Designations are non-probate assets- click here to learn more!

9. Revocable Living Trust

A Revocable Living Trust may help certain families avoid probate for assets properly titled in the trust.

It may be especially beneficial if:

You own property in multiple states.
You want greater privacy.
You wish to simplify the transfer of assets.
You want to plan for incapacity.

Whether a trust is appropriate depends on your individual goals and circumstances.

10. Advance Directives for Serious Illness

For individuals with serious medical conditions or advanced age, additional healthcare directives may be appropriate.

Depending on your circumstances, your healthcare providers may discuss documents designed to communicate your wishes regarding emergency medical treatment.

An experienced estate planning attorney can help determine which advance directives are appropriate for your situation.

Why a Will Alone Isn't Enough

Many people think estate planning ends once they've signed a will.

In reality, a comprehensive estate plan often includes multiple legal documents that work together to protect your finances, healthcare decisions, and loved ones during your lifetime and after your death.

Regularly reviewing your estate plan helps ensure it reflects your current wishes and complies with Florida law.

"What Happens When You Die Without a Will In Florida?"- Click here!

"Estate Planning Checklist"- Click here!

Why Families Choose Walser Law Firm

For more than 40 years , Walser Law Firm has helped individuals and families throughout Florida prepare personalized estate plans designed to protect their assets and provide peace of mind.

Led by Thomas C. Walser , a former Certified Public Accountant (CPA) with a Master's Degree in Estate Planning, our team provides experienced guidance in wills, trusts, powers of attorney, probate, and comprehensive estate planning.

Whether you're creating your first estate plan or updating existing documents, we're here to help you protect what matters most.

Contact Walser Law Firm today to schedule a consultation with an experienced Florida estate planning attorney.

Can an Executor Be Personally Liable in Florida? 10 Rules Every Personal Representative Should Know

Tue, 04 Aug 2026 19:15:45 GMT

Updated August 2026

by Thomas C. Walser, Probate Attorney (40+ Years of Experience)

Many people assume serving as the executor of an estate is simply a matter of distributing assets according to a loved one's will. In reality, accepting the role of a Personal Representative (commonly called an executor) comes with significant legal responsibilities.

Under Florida probate law, a Personal Representative has a fiduciary duty to act in the best interests of the estate and its beneficiaries. Failing to meet those duties could result in personal liability in certain situations.

At Walser Law Firm, we've spent more than 40 years helping Personal Representatives successfully administer estates throughout Florida. Below are ten important responsibilities every executor should understand before accepting the role.

1. Personal Representatives Have a Fiduciary Duty

The Personal Representative must always act in the best interests of the estate—not in their own personal interests.

This includes managing estate assets responsibly, following Florida probate laws, and carrying out the decedent's wishes according to the will or Florida law.

When these duties are breached, the Personal Representative may be held personally responsible for resulting losses.

2. Creditors Must Receive Proper Notice

Florida law requires Personal Representatives to notify creditors during the probate process.

Failing to properly notify known or reasonably ascertainable creditors can create unnecessary legal complications and may expose the estate—and in some cases the Personal Representative—to additional liability.

Proper creditor notice is one of the most important early steps in probate administration.

3. Tax Obligations Cannot Be Ignored

The Personal Representative is generally responsible for ensuring required tax returns are filed on behalf of the estate.

Depending on the circumstances, this may include:

Final federal income tax returns
Estate income tax returns
Other applicable tax filings

Ignoring tax obligations can delay probate and may expose the estate to penalties.

4. Don't Distribute Assets Too Soon

One of the biggest mistakes a Personal Representative can make is distributing estate assets before all debts, taxes, expenses, and creditor claims have been resolved.

If beneficiaries receive distributions too early and the estate later lacks sufficient funds to satisfy valid obligations, the Personal Representative may face legal consequences.

Patience during probate helps protect both the estate and the Personal Representative.

5. Avoid Self-Dealing

A Personal Representative must avoid conflicts of interest.

Estate property should never be used for personal benefit unless specifically authorized by law or approved by the court.

Even actions that appear harmless can create disputes among beneficiaries if they suggest favoritism or personal gain.

6. Keep Complete Financial Records

Good recordkeeping protects everyone involved.

Throughout probate , maintain detailed records of:

Money received
Bills paid
Property sold
Estate expenses
Distributions to beneficiaries

Beneficiaries often have the right to review estate accountings, and accurate records help avoid unnecessary disputes.

Linked here is a list of documents you need for probate!

7. Executor Compensation Must Be Reasonable

Florida law allows Personal Representatives to receive compensation for administering an estate.

However, compensation must comply with Florida law and the circumstances of the estate.

Taking unauthorized or excessive compensation may result in objections from beneficiaries or court intervention.

8. A Probate Bond May Be Required

Although not every Florida probate estate requires a bond, some estates do.

A probate bond helps protect beneficiaries and creditors if estate assets are mishandled.

Whether a bond is required depends on factors such as the will, court orders, and the specific circumstances of the estate.

9. Mistakes Can Have Legal Consequences

Even well-intentioned Personal Representatives can make costly mistakes.

Common examples include:

Missing court deadlines
Losing estate assets
Improperly paying creditors
Failing to safeguard property
Inaccurate accounting

Working with an experienced probate attorney can significantly reduce the risk of these errors.

10. You Can Decline or Resign as Personal Representative

Not everyone is prepared to serve as a Personal Representative.

If you've been nominated in a will, you are generally not required to accept the appointment.

Likewise, a Personal Representative who has already been appointed may be able to resign, although court approval is typically required before stepping down.

If you're unsure whether serving is right for you, speaking with an experienced probate attorney before accepting the appointment can help you understand your responsibilities.

Common Mistakes Personal Representatives Make

Many probate delays and disputes result from avoidable mistakes, including:

Distributing assets too early.
Failing to notify creditors.
Mixing estate funds with personal funds.
Not maintaining accurate records.
Ignoring tax obligations.
Selling property without proper authority.
Failing to communicate with beneficiaries.

Avoiding these mistakes helps protect both the estate and the Personal Representative.

Should You Accept the Role of Personal Representative?

Being named as Personal Representative is an honor, but it also carries significant legal responsibilities.

Before accepting the appointment, make sure you understand:

Your fiduciary duties.
Your legal responsibilities.
Florida probate deadlines.
Recordkeeping requirements.
Potential personal liability.

With proper legal guidance, most Personal Representatives successfully complete the probate process while avoiding unnecessary complications.

Experienced Florida Probate Guidance

At Walser Law Firm, we've helped Florida families navigate probate for more than 40 years . Led by Thomas C. Walser , a former Certified Public Accountant (CPA) with a Master's Degree in Estate Planning, our team has handled over 4,000 probate matters , including more than 1,000 Summary Administration cases .

Whether you've been named as a Personal Representative or have questions about your responsibilities during probate, we're here to help you confidently navigate every step of the process.

Contact Walser Law Firm today to schedule a consultation with an experienced Florida probate attorney.

What Documents Do You Need for Probate in Florida? A Complete Checklist

Tue, 04 Aug 2026 18:36:46 GMT

Updated August 2026

by Thomas C. Walser, Probate Attorney (40+ Years of Experience)

Losing a loved one is overwhelming, and for many families, one of the biggest challenges is simply figuring out where to begin. Before probate can move forward, it's important to locate the documents, financial records, and legal paperwork needed to identify the estate's assets, debts, and beneficiaries.

"What is Probate?"- Click here

"What is the Probate Process?"- Click here

If no one is living in the decedent's home, gathering these documents quickly is especially important. Important paperwork can easily be misplaced, discarded, or removed before the probate process begins.

At Walser Law Firm, we've helped Florida families navigate probate for more than 40 years , handling over 4,000 probate matters throughout the state. This guide outlines the essential documents and records families should gather to help make the probate process as smooth as possible.

Why Gathering Documents Early Matters

One of the first responsibilities of a Personal Representative is identifying everything the decedent owned and owed.

Missing documents can delay probate, make it difficult to locate assets, or even result in property being overlooked altogether.

Searching the home carefully before anything is removed helps preserve valuable evidence and ensures nothing important is accidentally discarded.

1. Estate Planning Documents

These documents determine whether probate is necessary and who has legal authority to administer the estate.

Look for:

Original Last Will and Testament
Revocable or Irrevocable Trust (Wills vs. Trusts- click here)
Codicils (Will amendments)
Pour-Over Will
Living Will
Designation of Health Care Surrogate
Durable Power of Attorney
Organ donation documents
Funeral instructions
Prepaid funeral contracts
Cemetery deeds
Letters of instruction or wishes

2. Financial Records

Financial records help identify bank accounts, investments, retirement assets, and other property belonging to the estate.

Search for:

Bank Records

Checking accounts
Savings accounts
Certificates of Deposit (CDs)
Monthly statements
Checkbooks
Credit union accounts

Investment Accounts

Brokerage statements
Mutual funds
Stocks
Bonds
TreasuryDirect accounts
Cryptocurrency records
Dividend statements

Retirement Accounts

IRA
Roth IRA
401(k)
403(b)
Pension plans
SEP IRA
SIMPLE IRA
Annuities

Linked here is information on how to access a decedent's bank accounts.

3. Insurance Policies

Locate every insurance policy, even if you believe it's inactive.

This includes:

Life insurance
Employer-provided life insurance
Health insurance
Long-term care insurance
Homeowners insurance
Flood insurance
Automobile insurance
Umbrella liability coverage
Disability insurance

4. Real Estate Documents

Real estate often represents one of the largest estate assets.

Gather:

Warranty deeds
Quitclaim deeds
Mortgage documents
Property tax records
Surveys
Title insurance policies
HOA documents
Reverse mortgage paperwork
Lease agreements
Timeshare documents

5. Vehicle Titles and Registrations

Don't overlook titled property.

Search for ownership documents involving:

Cars
Trucks
Boats
Motorcycles
Golf carts
RVs
Jet skis
Aircraft

Also collect any loan information and extended warranties.

6. Tax Records

Tax returns often reveal additional assets and income sources.

Locate:

Federal income tax returns
Business tax returns
Property tax records
Gift tax returns
W-2s
1099s
K-1s

7. Employment and Government Benefits

Don't forget employment records and government benefits.

These may include:

Pension paperwork
Deferred compensation plans
Stock options
Restricted Stock Units (RSUs)
Social Security records
Medicare documents
Veterans benefits
Railroad Retirement benefits
Military retirement information

8. Safe Deposit Box Information

If the decedent rented a safe deposit box, gather:

Safe deposit box keys
Rental agreements
Bank correspondence
Bank branch information
Annual fee notices

Safe deposit boxes often contain original estate planning documents, deeds, stock certificates, jewelry, and other valuable property.

Linked here is more information on how to access a decedent's safe deposit box.

9. Utility Bills and Mail

Utility bills and incoming mail frequently reveal assets that families didn't know existed.

Collect:

Electric
Water
Gas
Internet
Telephone
Security monitoring
Post Office Box information
UPS mailbox records
Magazine subscriptions
Amazon deliveries

10. Digital Assets

Digital assets are becoming increasingly important during probate.

Look for evidence of:

Email accounts
Online banking
Password managers
Cryptocurrency wallets
PayPal
Venmo
Cash App
Zelle
Social media accounts
Cloud storage
Investment apps

11. Valuable Personal Property

Photograph and document valuable items before moving them.

Examples include:

Jewelry
Watches
Firearms (where legally possessed)
Artwork
Coins
Precious metals
Designer handbags
Collectibles
Musical instruments
Electronics

Immediate Steps to Protect a Vacant Home

If no one is living in the decedent's home, protecting the property should become an immediate priority.

Consider:

Changing or rekeying exterior locks.
Making sure windows and doors are secured.
Activating or maintaining alarm systems.
Installing or verifying security cameras.
Photographing every room before property is moved.
Creating an inventory of valuables.
Maintaining utilities when necessary.
Arranging lawn care and routine inspections.
Forwarding mail through the U.S. Postal Service.
Keeping a written log of everyone entering the property.

Common Mistakes Families Make

Many probate delays occur because families:

Throw away paperwork too soon.
Assume an asset doesn't exist because they can't immediately find records.
Remove property before documenting it.
Ignore digital assets.
Forget to check safe deposit boxes.
Distribute property before legal authority has been established.

Why Families Choose Walser Law Firm

For more than 40 years , Walser Law Firm has helped families throughout Florida navigate probate with confidence.

Led by Thomas C. Walser , a former Certified Public Accountant (CPA) with a Master's Degree in Estate Planning, our team has handled over 4,000 probate matters , including more than 1,000 Summary Administration cases . We understand that every estate is unique and provide personalized legal guidance to help families efficiently identify assets, protect estate property, and successfully complete the probate process.

If you've recently lost a loved one and need help determining what documents are required for probate, contact Walser Law Firm today to schedule a consultation.

What to Do Financially After the Death of a Spouse

Mon, 03 Aug 2026 20:42:08 GMT

Updated August 2026

by Thomas C. Walser, Estate Planning Attorney (40+ Years of Experience)

Losing a spouse is one of life's most difficult experiences. Along with the emotional impact comes a long list of legal and financial responsibilities that can feel overwhelming. Questions about bank accounts, retirement plans, life insurance, probate , and estate planning often arise when families are least prepared to deal with them.

While it may be tempting to make immediate financial decisions, taking a thoughtful approach can help protect your financial future and ensure your loved one's wishes are carried out properly.

At Walser Law Firm, we've spent more than 40 years helping Florida families navigate probate, estate administration, and estate planning. Below are some of the most important financial and legal steps surviving spouses should consider after the loss of a loved one.

1. Give Yourself Time Before Making Major Financial Decisions

The weeks following the death of a spouse are often filled with funeral arrangements, family responsibilities, and legal paperwork. Unless an immediate financial decision is required, avoid making significant changes to investments, real estate, or retirement accounts while emotions are still high.

Instead, focus first on gathering important documents and understanding your financial picture before making long-term decisions.

2. Obtain Multiple Certified Death Certificates

Many financial institutions and government agencies require an original certified death certificate before transferring assets or processing claims.

You'll likely need certified copies for:

Banks and credit unions
Investment accounts
Insurance companies
Social Security
Pension administrators
Retirement accounts
Motor vehicle title transfers
Probate court

Having several certified copies available can help prevent unnecessary delays.

3. Review Your Estate Plan

Many people don't realize that their own estate plan should be updated after the death of a spouse.

Review your:

Last Will and Testament
Revocable Living Trust
Durable Power of Attorney
Health Care Surrogate Designation
Living Will
Beneficiary Designations

If your spouse was named as your personal representative, trustee, agent under a power of attorney, or health care surrogate, you'll likely need to appoint someone new.

4. Understand Your Rights as a Surviving Spouse in Florida

Florida law provides important protections for surviving spouses.

Depending on your circumstances, you may have rights involving:

Homestead property
Elective share
Exempt property
Family allowance
Probate assets
Retirement accounts
Jointly owned property

Every estate is different, so it's important to understand how these rights apply to your specific situation.

5. Review Life Insurance and Retirement Accounts

Many financial assets pass directly to beneficiaries without going through probate.

These may include:

Life insurance policies
IRAs
401(k) plans
Annuities
Payable-on-death bank accounts
Transfer-on-death investment accounts

Contact each financial institution to understand the available distribution options before making decisions.

6. Consider Survivor Benefits

If your spouse worked and paid into Social Security, you may qualify for survivor benefits.

Eligibility depends on several factors, including:

Your age
Your spouse's earnings history
Whether your spouse had already claimed benefits
Whether you are caring for a qualifying child

Understanding your options can significantly impact your long-term retirement income.

7. Create a New Financial Plan

The loss of a spouse often changes household income and expenses.

Take time to review:

Monthly income
Household budget
Emergency savings
Outstanding debts
Insurance coverage
Retirement goals
Investment strategy

A revised financial plan can provide stability during an otherwise uncertain time.

8. Don't Forget About Taxes

Several tax issues may arise after the death of a spouse, including:

Filing the final federal income tax return
Determining whether an estate tax return is required
Understanding inherited property tax rules
Reviewing retirement account distributions
Coordinating with your CPA or tax professional

Proper planning can help avoid unnecessary tax consequences.

9. Work With Experienced Professionals

Handling an estate often involves legal, financial, and tax issues all at once.

Working with an experienced probate attorney, financial advisor, and accountant can help ensure that important deadlines are met and costly mistakes are avoided.

Professional guidance can also reduce stress during an already difficult time.

Why Estate Planning Still Matters After Losing a Spouse

Many widows and widowers assume their estate plan no longer needs attention after their spouse passes away.

In reality, this is one of the most important times to review your plan.

Updating beneficiary designations, naming new fiduciaries, protecting assets, and ensuring your wishes are properly documented can give you and your loved ones peace of mind for years to come.

Why Families Choose Walser Law Firm

For more than 40 years , Walser Law Firm has helped Florida families navigate estate planning, probate, and estate administration with compassion and experience.

Led by Thomas C. Walser , a former Certified Public Accountant (CPA) with a Master's Degree in Estate Planning, our team understands both the legal and financial challenges surviving spouses face. We work closely with clients throughout Florida to create personalized estate plans and provide practical guidance during life's most difficult transitions.

If you've recently lost your spouse or want to update your estate plan, our experienced attorneys are here to help.

Contact Walser Law Firm today to schedule a consultation and learn how we can help protect your future.

Probate vs. Non-Probate Assets

Mon, 03 Aug 2026 18:02:51 GMT

Updated August 2026

by Thomas C. Walser, Probate Attorney (40+ Years of Experience)

When planning out your estate, understanding the difference between probate vs non probate assets can be a challenge. These two asset types often deliver significant differences with how they handle certain finances, so it’s critical to know how they work, and what benefits they offer that are set to your unique and individual needs.

If you are wondering, "What is Probate?" , check out the comprehensive guide!

Understanding Probate Assets

After a court determines that a person’s will is legally valid, the estate is administered by the executor, who carries out tasks such as accounting for and distributing all assets, as well as paying estate taxes and debts. This is a multi-step process, and often takes time to move forward.

Probate assets are those that are held in your name only, without other beneficiaries or rights of survivorship. When you die, these assets are distributed through the terms of your will. In cases of intestacy, Florida has specific rules regarding where these assets go, and in most cases it goes to the decedent’s spouse if applicable. But if a personal representative is named, it becomes their responsibility in handling these assets. Here’s how to account for assets in probate, as well as the types of probate assets there are:

Understanding Non Probate Assets

In cases of non probate assets, these usually have a beneficiary designation or are held as joint tenants with survivorship rights or payable on death. For non probate assets, a will does not control how these are distributed, and they are not handled by a probate court. Some non probate assets include:

How to Account For Assets in Probate

When it comes to understanding probate rules and processes, it’s important to know how to account for assets in probate. A personal representative, or executor, is most often the person tasked with handling the duties regarding transferring property from the decedent’s estate to the heirs. These duties can include:

Executors are advised to meet with an attorney to facilitate these duties, and eventually file a petition with the probate court to move forward with their probate assets. The attorney will go over any wills and death certificates, and identify any of the debts a decedent may owe.

Walser Law Firm, Elder Law and Probate Attorneys

After analyzing your probate vs non probate assets, your next move should be to contact an estate planning and probate attorney to go forward with your assets.

It’s always important to have experience by your side when you’re planning out the future of your estate, as well as handling your probate vs non probate assets. Walser Law Firm is here to guide you through every step of arranging for and protecting your assets, with more than three decades’ worth of experience providing expert elder law, probate services , and estate planning in Florida.

Our law firm is equipped with experienced Florida Probate attorneys who can provide affordable and timely probate services for the settling of an estate with property located in any of Florida’s 67 counties. For more information regarding our services, contact Walser Law Firm today.

Estate Planning For LGBT Couples

Mon, 03 Aug 2026 17:52:36 GMT

Updated August 2026

by Thomas C. Walser, Estate Planning Attorney (40+ Years of Experience)

Estate planning for LGBT couples is certainly one of the many financial decisions impacted by the long-awaited legalization of same-sex marriage. Prior to the 2015 Obergefell vs. Hodges Supreme Court decision, same-sex couples were unable to withhold many of the same legal securities that heterosexual couples were guaranteed. However, even now, after same-sex marriage has become recognized by the state, the process of many of these legal instances, such as LGBT estate planning, can be different, and it’s important to understand the steps necessary when considering a financial plan for the future.

The Importance of Wills

For LGBTQ+ couples who are married or in a domestic partnership, the importance of a will can ease many financial uncertainties. The intestacy laws of most state statutes rarely include a domestic partner, and without a proper will, they will be disinherited from any assets regardless of intentions.

For married couples who don’t want to jeopardize their spouse’s inheritance, a trust may be a good option. Establishing a trust offers exceptional asset protections to wills, especially when they are contested. However, if a trust is likely unobtainable, individuals can create a “no contest” clause in their will that explains why they are leaving certain assets to a spouse instead of their family.

Legally Naming Partner or Spouse

While a will is an essential part of any estate planning, same-sex spouses tend to have a greater challenge when making financial or medical decisions for partners who are incapacitated or unable to communicate. Fortunately, many estate planning documents exist to allow for an individual to grant authority to a partner or spouse, to make financial or medical decisions for them in these cases. Some of these documents include:

Understanding the Unlimited Marital Deduction

The legalization of same-sex marriage allowed for same-sex couples to enjoy the unlimited marital deduction for federal estate and gift taxes. What this means, essentially, is that gay and lesbian couples can now generally leave an unlimited amount of assets to their spouses without triggering a federal estate tax. They can also now roll over assets from a deceased spouse’s retirement account to their own without a mandatory distribution. By utilizing these marital deductions and roll-over assets, same-sex couples can free up considerable liquidity.

Appointing Guardianship For Children

It is not uncommon for courts to make decisions about guardianship for children, and many times the spouse’s family of origin or another biological parent will be given preference. For same-sex couples, it’s extremely important to formally nominate a spouse or partner as a legal guardian for a child, to avoid any complications about who is stepping in when that time comes.

Working With an Attorney For LGBT Estate Planning

To ensure that wishes are carried out during someone’s lifetime, and that assets will pass along in the manner in which they desire, working with an attorney or skilled professional can help any same-sex couple with estate planning. These LGBT wills and trusts attorneys work closely with individuals to make sure that all unique needs are addressed.

Walser Law Firm

Walser Law Firm has been helping diverse families throughout Florida with estate planning and probate services for more than three decades. We understand the positive impact these laws have on the LGBT community in all counties throughout the State of Florida, and applaud the recognition of these important LGBT rights, including estate planning.

The Walser Law Firm fully supports LGBT rights. Our attorneys protect the rights of same-sex couples through crucial estate and life planning tools. Our estate planning services for LGBT couples include writing a will, drafting a living will and power of attorney, addressing guardianship, and many others. If you or someone you know wishes to take the right steps in estate planning, feel free to learn more about our exceptional services or contact us today .

Taxes After Death in Florida: 5 Things Every Family Should Know

Mon, 03 Aug 2026 17:46:49 GMT

Updated August 2026

by Thomas C. Walser, Probate Attorney (40+ Years of Experience)

Losing a loved one is overwhelming enough without having to figure out tax forms, probate deadlines, and confusing IRS rules. Many families assume they'll owe estate taxes, face huge capital gains bills, or have no idea who is responsible for filing the deceased person's final tax return.

The good news? Most Florida families don't owe federal estate tax, and there are several tax rules that can actually save beneficiaries thousands of dollars when handled correctly.

Whether you've recently lost a family member or are planning ahead, understanding these five tax rules can help you avoid costly mistakes during the probate process.

Here's what every Florida family should know.

1. Someone Still Has to File the Final Tax Return

One of the biggest surprises for families is that a person's tax obligations don't end when they pass away.

If your loved one earned income during the year of their death, a final federal income tax return (IRS Form 1040) generally must still be filed. The return reports income earned from January 1 through the date of death.

In many cases, a surviving spouse may still be able to file a joint return for the year of death, which can provide valuable tax benefits.

If a personal representative has been appointed through probate, they are typically responsible for making sure any required tax returns are completed.

Key Takeaway: Don't assume taxes end after death. Filing the correct return can prevent IRS issues later.

2. Most Families Will Never Pay Federal Estate Tax

This is probably the biggest myth we hear.

Many people believe every estate owes estate taxes simply because someone has died.

In reality, the vast majority of Florida estates never pay federal estate tax.

Federal estate tax only applies to estates that exceed the federal exemption amount in effect at the time of death, meaning only a very small percentage of estates are affected.

However, some larger estates—or married couples planning to preserve estate tax exemptions—may still benefit from filing IRS Form 706.

Key Takeaway: Probate does not automatically mean estate taxes.

3. Inheriting Property Could Save You Thousands in Taxes

One of the most valuable tax benefits available to heirs is something called the step-up in basis .

Here's a simple example:

Imagine your mother bought her home for $180,000 years ago. When she passes away, the home is worth $650,000 .

If you inherit the home, your tax basis generally becomes the home's value on the date of death—not what your mother originally paid.

That means if you sell the property soon afterward for around its current value, you may owe little or even no capital gains tax.

By comparison, if the property had been gifted during your mother's lifetime instead of inherited, you could inherit her original tax basis, potentially resulting in a much larger tax bill.

Key Takeaway: In many situations, inheriting appreciated property is significantly more tax-efficient than receiving it as a lifetime gift.

4. Final Medical Expenses May Offer Tax Benefits

Medical bills from a loved one's final illness can place an enormous financial burden on a family.

Depending on the circumstances, certain medical expenses may qualify for deductions on the deceased person's final income tax return or receive favorable treatment during estate administration.

Because these rules are highly technical, it's important to work with both a probate attorney and tax professional to determine which deductions may be available.

Key Takeaway: Don't overlook medical expenses—they could provide valuable tax savings.

5. The IRS Needs to Know Who Is Handling the Estate

If you've been appointed as the executor or personal representative, you're responsible for much more than distributing assets.

You'll often need to communicate with the IRS on behalf of the estate.

In many situations, filing IRS Form 56 lets the IRS know you have the legal authority to handle the deceased person's tax matters and receive important correspondence.

Submitting the proper paperwork early can help avoid delays and confusion during probate.

Key Takeaway: Executors should make sure the IRS knows who is legally handling the estate.

Don't Let Tax Mistakes Complicate the Probate Process

Probate is already a complicated legal process. Missing tax deadlines, misunderstanding inherited property rules, or overlooking important IRS filings can make estate administration even more stressful.

At Walser Law Firm , we've helped Florida families navigate probate and estate administration for more than 40 years . Led by Thomas C. Walser—a former CPA with a Master's degree in Estate Planning—our team understands both the legal and tax issues that arise after a loved one's passing.

If you have questions about probate, inherited property, or tax responsibilities after death, we're here to help you move through the process with confidence. Just contact us now for a free consultation!

Formal Administration vs. Summary Administration in Florida: What's the Difference?

Wed, 22 Jul 2026 13:00:04 GMT

Updated July 2026

by Thomas C. Walser, Probate Attorney (40+ Years of Experience)

When a loved one passes away, one of the first legal questions families face is whether the estate must go through Formal Administration or Summary Administration . While both are types of probate in Florida, they differ significantly in terms of eligibility, cost, court involvement, and the time it takes to settle an estate.

Choosing the correct probate process can save families months of unnecessary delays and thousands of dollars in legal fees. However, determining which administration applies isn't always straightforward.

This guide explains the differences between Formal Administration and Summary Administration in Florida , who qualifies for each, and how an experienced probate attorney can help you choose the appropriate process.

What Is Probate?

Probate is the legal process used to:

Validate a deceased person's will
Identify heirs and beneficiaries
Pay creditors
Collect estate assets
Distribute property according to the will or Florida law

Florida recognizes two primary probate procedures:

Formal Administration
Summary Administration

Each serves a different purpose depending on the size and complexity of the estate.

What Is Formal Administration?

Formal Administration is Florida's standard probate process.

It is used for larger or more complex estates and involves ongoing court supervision throughout the administration.

A judge appoints a Personal Representative , who is responsible for:

Collecting estate assets
Opening estate bank accounts
Paying creditors
Filing required court documents
Selling property when necessary
Distributing assets to beneficiaries

The Personal Representative acts as a fiduciary and has legal duties to both beneficiaries and creditors.

When Is Formal Administration Required?

Formal Administration is generally appropriate when:

The estate exceeds the Summary Administration limit.
A Personal Representative is needed.
Creditors must be formally addressed.
The estate owns significant assets.
Real estate must be sold.
There are disputes among beneficiaries.
Ongoing court supervision is beneficial.

Formal Administration is often the best choice for complicated estates.

What Is Summary Administration?

Summary Administration is a simplified probate process designed for qualifying estates.

Unlike Formal Administration, no Personal Representative is appointed .

Instead, the court enters an order directing how estate assets should be distributed.

This generally means:

Fewer court filings
Lower attorney's fees
Less court involvement
Faster administration

For many families, Summary Administration is the quickest and most cost-effective probate option.

Who Qualifies for Summary Administration?

An estate generally qualifies if:

The value of the probate estate falls within Florida's eligibility requirements; or
The decedent has been deceased for more than two years.

Because Florida's probate laws changed in 2026 , determining eligibility has become even more important. An experienced probate attorney can review the estate and determine whether Summary Administration is available.

Key Differences

Between Formal Administration and Summary Administration

Formal Administration Summary Administration

Personal Representative appointed No Personal Representative

Ongoing court supervision Minimal court involvement

Used for larger or more complex estates Used for qualifying estates

Creditor claims formally handled Different creditor procedures may apply

Usually longer process Usually faster process

More court filings Fewer filings

Higher overall costs Generally lower costs

In most situations, Summary Administration is considerably faster.

While every case differs, Summary Administration often avoids many of the procedural steps required during Formal Administration.

Formal Administration frequently takes several months because it involves:

Appointment of the Personal Representative
Notice to creditors
Asset collection
Court approvals
Final accounting
Distribution of assets

Summary Administration often eliminates several of these steps.

Which Probate Process Costs Less?

Summary Administration is generally less expensive because:

Fewer court filings
Less court supervision
No Personal Representative administration
Reduced attorney time

However, Summary Administration is only available if the estate qualifies.

Do Both Types Require a Will?

No.

Both probate procedures may be used whether:

The decedent left a valid will, or
The decedent died intestate (without a will).

If no will exists, Florida's intestate succession laws determine who inherits.

Can Real Estate Go Through Summary Administration?

Yes.

Florida real estate can often be transferred through Summary Administration if the estate otherwise qualifies.

However, title companies, homestead issues, creditor concerns, and multiple heirs can create additional legal considerations.

Common Situations That May Require Formal Administration

Formal Administration may be necessary when:

There are disputes among heirs.
Creditors are expected.
Business interests are involved.
The estate owns multiple properties.
Litigation is anticipated.
A Personal Representative must continue managing estate affairs.

Why Choosing the Right Probate Process Matters

Selecting the wrong probate procedure can:

Delay inheritance
Increase legal expenses
Create unnecessary court hearings
Complicate real estate transfers
Delay access to estate bank accounts

Working with an experienced probate attorney early can help avoid these issues.

Frequently Asked Questions

Is Summary Administration always better?

Not necessarily.

Although Summary Administration is often faster and less expensive, some estates legally require Formal Administration.

Does Summary Administration avoid probate?

No.

Summary Administration is probate—it is simply a streamlined version of Florida probate.

Can creditors still make claims?

Possibly.

The applicable creditor rules depend on the specific facts of the estate and the probate procedure being used.

Is a Personal Representative required?

Only in Formal Administration.

Summary Administration does not appoint a Personal Representative.

Can I switch from Summary Administration to Formal Administration?

In some situations, yes.

If issues arise that require additional court supervision, the probate process may need to proceed as a Formal Administration.

Why Families Choose Walser Law Firm

Choosing the correct probate procedure begins with understanding your legal options.

For more than 40 years , Walser Law Firm has guided Florida families through every stage of probate administration. Our firm has successfully handled over 4,000 probate matters , including more than 1,000 Summary Administration cases . Attorney Thomas Walser is a former Certified Public Accountant (CPA) with a Master's Degree in Estate Planning , providing clients with both legal and financial insight throughout the probate process.

Whether your estate qualifies for Summary Administration or requires Formal Administration, our experienced probate team can help you move forward efficiently while protecting your family's interests.

Contact Walser Law Firm today to schedule a consultation with an experienced Florida probate attorney.

How Do You Access a Decedent's Bank Accounts in Florida?

Tue, 21 Jul 2026 18:06:11 GMT

Updated July 2026

by Thomas C. Walser, Probate Attorney (40+ Years of Experience)

When someone passes away, one of the first questions surviving family members ask is, "How do I access my loved one's bank account?" Unfortunately, many people are surprised to learn that even a spouse or adult child usually cannot simply withdraw money from a deceased person's individual bank account.

Instead, Florida law establishes a legal process for collecting estate assets, protecting creditors, and ensuring property is distributed to the correct beneficiaries. In most cases, the person with legal authority to access a deceased person's bank account is the Personal Representative appointed by the probate court.

Recent updates to Florida probate law have also strengthened the authority of Personal Representatives by providing additional protections when financial institutions refuse to recognize valid court orders or create unnecessary delays.

Whether you're beginning probate or simply trying to understand your rights, here's what you need to know.

What Happens to a Bank Account After Someone Dies?

When a bank receives notice that an account holder has died, it will often freeze individual accounts held solely in the deceased person's name.

The purpo se of freezing the account is to:

Protect estate assets
Prevent unauthorized withdrawals
Ensure debts are paid properly
Allow the probate process to determine who legally receives the remaining funds

However, not every bank account becomes part of probate.

Some accounts transfer automatically after death.

These include:

Joint bank accounts with rights of survivorship
Payable-on-Death (POD) accounts
Transfer-on-Death (TOD) accounts (where permitted)
Certain trust-owned accounts

Because every account is titled differently, determining whether probate is necessary often requires reviewing ownership documents and beneficiary designations.

Who Has the Legal Authority to Access a Deceased Person's Bank Account?

In Florida, the person with legal authority to acc ess estate bank accounts is typically the Personal Representative appointed by the probate court.

After appointment, the court issues Letters of Administration , which serve as official proof that the Personal Representative has authority to:

Collect estate assets
Access financial accounts
Pay valid debts
Manage estate property
Distribute assets to beneficiaries

Banks are generally entitled to verify both the identity of the Personal Representative and the validity of the Letters of Administration before releasi ng estate funds.

Can a Spouse Access a Deceased Spouse's Bank Account?

It depends on how the account was owned.

Joint Account

If the account is jointly owned with rights of survivorship, the surviving spouse usually becomes the sole owner automatically and can continue using the account without probate.

Individual Account

If the account was owned solely by the deceased spouse, the surviving spouse generally cannot access the funds simply because of the marriage . Unless another exception applies, probate will usually be required before the funds can be collected.

Can Children Withdraw Money From a Parent's Bank Account?

Generally, no .

Even if an adult child:

Knows the online banking password
Has the debit card
Previously helped manage finances
Is named in the will

they usually cannot legally withdraw funds after the account holder dies unless they have legal authority through probate or are otherwise listed as a joint owner or beneficiary.

Attempting to access the account without authorization could create legal complications during estate administration.

What Documents Does a Bank Usually Require?

Most financial institutions request:

Certified death certificate
Letters of Administration
Government-issued identification
Estate tax identification number (if required)
Estate banking documentation

Once these documents are provided, the bank should generally recognize the Personal Representative's legal authority.

Common Problems Families Experience With Banks

Even relatively simple estates sometimes encounter delays.

Some common issues include:

Frozen accounts
Delayed responses
Requests for unnecessary paperwork
Multiple certified death certificates
Proprietary internal bank forms
Questions about beneficiary designations
Difficulty locating all financial accounts

These issues can significantly delay estate administration and increase stress for grieving families.

Florida's New Probate Law Strengthens Personal Representatives

Effective July 1, 2026 , Florida enacted legislation designed to reduce unnecessary obstacles created by financial institutions during probate.

Historically, some banks required additional procedures beyond what Florida law required, such as:

Proprietary internal forms
Extra indemnification agreements
Visits to specific branch locations
Multiple certified death certificates
Other unnecessary documentation

The new law provides stronger legal protections for Personal Representatives when financial institutions fail to recognize valid Letters of Administration or otherwise interfere with estate administration.

What Happens If a Bank Refuses to Release Funds?

If a financial institution refuses to honor valid Letters of Administration without legal justification, the Personal Representative may seek assistance from the probate court.

Under Florida's updated probate laws, courts may order financial institutions to comply with the Personal Representative's lawful authority.

In appropriate cases, courts may also require the financial institution to pay the Personal Representative's attorney's fees and costs when the refusal to cooperate was unjustified. These protections are intended to encourage compliance and reduce unnecessary delays for Florida families.

When Is Probate Required to Access a Bank Account?

Probate is commonly required when:

The account is owned solely by the deceased.
No payable-on-death beneficiary exists.
No surviving joint owner exists.
The account is not held in a trust.

Every estate is different, and multiple accounts may each require separate analysis.

Can You Avoid Probate for Bank Accounts?

In some cases, yes.

Proper estate planning may allow certain bank accounts to pass outside probate through:

Revocable Living Trusts
Payable-on-Death (POD) designations
Joint ownership with rights of survivorship
Comprehensive estate planning

These strategies should be discussed with an experienced Florida estate planning attorney to ensure they align with your family's goals.

Frequently Asked Questions:

Can I use my loved one's debit card after they die?

Generally, no. Using a deceased person's debit card without legal authority can create legal issues, even if you intend to use the funds for funeral expenses or bills.

How long does it take to access a deceased person's bank account?

The timeline depends on whether probate is required. Accounts with joint owners or payable-on-death beneficiaries may transfer quickly, while probate estates often take several months.

Does every bank account have to go through probate?

No. Joint accounts, trust-owned accounts, and payable-on-death accounts often pass outside probate.

Can a bank refuse Letters of Administration?

Banks may verify the Personal Representative's authority, but they generally should honor valid Letters of Administration. Florida's 2026 law provides additional protections when financial institutions refuse to cooperate without legal justification.

Why Choose Walser Law Firm?

Navigating probate while dealing with financial institutions can be frustrating—especially while grieving the loss of a loved one.

For more than 40 years , Walser Law Firm has helped Florida families administer estates efficiently and resolve probate issues involving banks, creditors, and estate assets. Our attorneys have successfully handled over 4,000 probate matters , including more than 1,000 Summary Administration cases . Attorney Thomas Walser is a former Certified Public Accountant (CPA) with a Master's Degree in Estate Planning , bringing both legal and financial experience to every probate matter.

If you need help accessing a deceased loved one's bank accounts or have questions about Florida probate, contact Walser Law Firm to schedule a consultation.

Summary Administration vs. Formal Administration
Wills vs. Trusts
Florida Probate Process Explained
What Happens If Someone Dies Without a Will?
How to Find a Lost Will After a Loved One Dies
Estate Planning Checklist
The Benefits of Estate Planning

How to Find a Lost Will After a Loved One Dies:

Tue, 21 Jul 2026 16:57:13 GMT

Updated July 2026

by Thomas C. Walser, Probate Attorney (40+ Years of Experience)

Losing a loved one is difficult enough without the added stress of trying to locate important legal documents. If you're wondering how to find a lost will after someone dies, you're not alone. Many families aren't sure whether a will exists, where it was stored, or what happens if they can't find one.

Fortunately, there are several practical steps you can take before assuming your loved one died without a will. Whether you're searching a family member's home, contacting an attorney, or checking court records, this guide explains where to look and what to do next.

If you still can't locate the will, don't panic. Florida probate law provides a legal process for administering an estate even when no will can be found.

Why Finding the Original Will Matters

The original will determines:

Who inherits property
Who serves as personal representative (executor)
How debts are paid
Whether certain assets are distributed according to the deceased's wishes

Without an original will, the estate may need to proceed under Florida intestacy laws unless the court accepts a copy of the will under certain circumstances.

Related Reading:

What Happens If Someone Dies Without a Will in Florida
Florida Probate Process: Step-by-Step Guide
Summary Administration vs. Formal Administration

1. Start by Asking Family Members and Close Friends

One of the easiest places to begin is with the people who knew your loved one best.

Ask:

Spouse
Children
Siblings
Close friends
Neighbors
Caregivers
Clergy

Many people mention who their executor is or where important papers are stored. Friends or relatives may even have a copy of the will or know which attorney prepared it.

2. Search the Home for Estate Planning Documents

Many wills are simply stored at home.

Common places include:

Filing cabinets
Home office desks
Fireproof safes
Locked drawers
File folders labeled "Estate Planning"
Bank paperwork
Legal binders

Don't forget to check:

Computer files
Email accounts
Cloud storage
Password managers
Scanned documents

Bank statements may also reveal payments to an estate planning attorney or annual safe deposit box fees.

3. Check for a Safe Deposit Box

Many people store their original will in a bank safe deposit box .

If you believe one exists:

Contact the bank.
Determine whether you're authorized to access it.
If necessary, petition the probate court for an order allowing access.

A probate attorney can often help streamline this process.

4. Contact the Estate Planning Attorney

If your loved one worked with an attorney, that lawyer may:

Have drafted the will
Be holding the original
Have a copy
Know who the personal representative is

It's also worth contacting:

CPAs
Financial advisors
Business attorneys
Real estate attorneys

Many professionals coordinate with estate planning attorneys and may know where documents are stored.

5. Search Probate Court Records

If probate has already begun, the will may already be on file with the court.

Check:

County probate court
Clerk of Court
Surrogate's Court (outside Florida)
Register of Wills

Some counties offer online searches, while others require calling or visiting the courthouse.

6. Look for Will Registries or Other Public Records

Depending on the state, there may be:

Voluntary will registries
Probate notices
Legal newspaper publications
County records

You may also find helpful information through online obituary notices that identify the personal representative or probate attorney.

7. Explore Other Possible Sources

If you've exhausted the obvious options, consider checkin g:

Online estate planning services
Insurance companies
Retirement account providers
The person you believe was named executor
Private investigators (for high-value estates)

Remember that beneficiary designations on life insurance policies and retirement accounts typically pass outside of probate and aren't controlled by the will.

What Happens If You Can't Find the Will?

Sometimes no will is ever located.

When that happens, Florida law generally treats the estate as intestate, meaning assets pass according to Florida's intestacy statutes.

This doesn't necessarily mean everything becomes complicated—but it often means:

Different inheritance rules apply
The court appoints a personal representative
Probate may take longer
Family disputes become more likely

Related Reading:

Florida Intestate Succession Laws Explained
Who Can Serve as Personal Representative?
Common Probate Problems Families Face

When Should You Contact a Probate Attorney?

Consider speaking with a probate lawyer if:

The estate includes real estate or significant assets.
Family members disagree about whether a will exists.
You believe someone is withholding estate documents.
A safe deposit box needs to be opened.
You found only a copy of the will.
You're unsure whether probate is required.

An experienced probate attorney can help determine whether a will exists, obtain court records, and guide you through Florida's probate process.

Frequently Asked Questions

Can probate begin without the original will?

Yes. If no original will is found, probate may proceed under Florida intestacy laws. In some situations, a copy of the will may be admitted if legal requirements are met.

Where do most people keep their will?

The most common places include:

Home safes
Filing cabinets
Safe deposit boxes
Estate planning attorney's office
Fireproof document boxes

Is a copy of a will valid?

Sometimes. Florida courts may accept a copy under certain circumstances, but additional legal requirements typically apply.

How long should I spend looking before opening probate?

If you've completed a reasonable search without success, it's usually best to consult a probate attorney rather than delaying administration of the estate.

Final Thoughts

Finding a lost will can feel overwhelming, but a systematic search often leads to answers. Start by speaking with family members, searching personal records, contacting professionals, and checking probate court records. If the original will still can't be located, Florida law provides a legal framework for administering the estate.

An experienced probate attorney can help determine the next steps, protect your legal rights, and ensure the estate is handled properly.

Understanding the Types of Guardianship in Florida

Mon, 20 Jul 2026 20:53:06 GMT

Updated July 2026

by Thomas C. Walser, Estate Planning Attorney (40+ Years of Experience)

When a loved one can no longer make important decisions for themselves—or when a child needs someone to step in and provide care—a Florida guardianship may become necessary. While the process can seem overwhelming, understanding the different types of guardianship in Florida can help you determine which option best fits your family's situation.

Whether you're caring for an aging parent with dementia, a child whose parents are unable to provide care, or an adult with developmental disabilities, Florida law offers several forms of guardianship designed to protect vulnerable individuals while preserving as many legal rights as possible.

In this guide, we'll explain each type of guardianship, when it may be appropriate, and how the Florida courts determine whether guardianship is necessary.

What Is Guardianship in Florida?

A guardianship is a legal relationship created by a Florida court that gives one person (the guardian ) the authority to make certain decisions on behalf of another person (the ward ) who is unable to make those decisions independently.

Depending on the circumstances, a guardian may be responsible for:

Medical decisions
Financial management
Housing arrangements
Educational decisions
Personal care
Protecting the ward's property and assets

Florida courts consider guardianship to be a significant restriction on an individual's rights. Before appointing a guardian, the court must determine that no less restrictive alternative—such as a durable power of attorney, healthcare surrogate designation, or trust—is sufficient.

Who Needs a Guardian?

Florida guardianship may be appropriate for:

Minor children whose parents have died or become incapacitated
Adults with dementia or Alzheimer's disease
Adults with developmental disabilities
Individuals suffering from severe mental illness
Adults who have experienced traumatic brain injuries
Individuals unable to manage their finances or personal affairs due to incapacity

Because guardianship removes certain legal rights, Florida courts generally view it as a last resort after considering less restrictive alternatives.

The Different Types of Guardianship in Florida

Florida law recognizes several different forms of guardianship depending on the individual's circumstances.

1. Emergency Temporary Guardianship

An Emergency Temporary Guardianship (ETG) is used when someone faces immediate danger or when there is a substantial risk that their health, safety, or financial assets could be harmed before a regular guardianship hearing can take place.

Examples include:

Financial exploitation
Elder abuse
Medical emergencies
Immediate risk of losing assets
Unsafe living conditions

Emergency guardianships are temporary and only grant the authority specifically listed in the court's order. Once the emergency passes, the court determines whether a permanent guardianship is necessary.

2. Temporary Guardianship

Temporary guardianship allows another responsible adult to care for a child or vulnerable adult for a limited period of time.

Common situations include:

Parents deployed overseas
Extended international travel
Serious illness
Temporary incapacity
Family emergencies

A temporary guardian may be authorized to:

Enroll a child in school
Consent to medical treatment
Manage day-to-day care
Make routine decisions

Unlike permanent guardianship, temporary guardianship generally ends once the underlying circumstances are resolved or the court orders otherwise.

3. Limited Guardianship

Florida courts encourage preserving as many rights as possible.

When an individual is only partially incapacitated, the court may establish a Limited Guardianship , allowing the person to retain the rights they are still capable of exercising independently.

For example, someone may still be able to:

Choose where they live
Vote
Make certain personal decisions

while requiring assistance with:

Managing investments
Paying bills
Entering contracts
Complex healthcare decisions

Limited guardianship is often preferred because it protects vulnerable adults without unnecessarily removing their independence.

4. Plenary Guardianship

A Plenary Guardianship (sometimes called full guardianship) is the most comprehensive and restrictive form of guardianship available in Florida.

The court appoints a plenary guardian only after determining that the individual lacks the capacity to exercise any of their legal rights.

The guardian may assume responsibility for:

Medical decisions
Financial management
Real estate transactions
Legal matters
Personal care
Daily living arrangements

Because plenary guardianship removes nearly all legal rights, Florida courts typically use it only when absolutely necessary.

5. Guardian Advocacy

Guardian Advocacy is unique to Florida and is commonly used for adults with developmental disabilities.

Unlike traditional guardianship, Guardian Advocacy often does not require a formal incapacity proceeding , making it a simpler and less expensive legal option for many families.

It is commonly used when a loved one has:

Autism
Down syndrome
Cerebral palsy
Intellectual disabilities
Other qualifying developmental disabilities

A Guardian Advocate helps make important decisions while encouraging the individual to participate in decisions whenever possible.

This approach balances protection with independence and is often the preferred option for adults with developmental disabilities.

How Does Florida Determine Incapacity?

A court will not appoint a guardian simply because someone makes poor financial choices or lifestyle decisions.

Instead, Florida law requires evidence that the individual lacks the ability to make informed decisions regarding their health, safety, or finances.

During an incapacity proceeding:

The court appoints an examining committee.
Medical and psychological evaluations are conducted.
Evidence is presented to the judge.
The court determines which rights, if any, should be removed.

Whenever possible, the court seeks the least restrictive alternative that adequately protects the individual.

Guardianship for Minor Children

When both parents die or become unable to care for a child, Florida courts may appoint a guardian to assume parental responsibilities until the child reaches age 18.

The guardian may be responsible for:

Education
Medical care
Daily supervision
Financial management
General welfare

Parents can often avoid uncertainty by naming a preferred guardian in their estate plan.

Alternatives to Guardianship

Because guardianship can significantly limit a person's rights, Florida courts often consider less restrictive alternatives first.

These may include:

Durable Power of Attorney
Healthcare Surrogate Designation
Revocable Living Trust
Representative Payee
Supported Decision-Making
Advance Directives

An experienced guardianship attorney can help determine whether guardianship is necessary or whether another legal tool may accomplish the same goals.

Frequently Asked Questions:

What is the most common type of guardianship in Florida?

Limited guardianship is frequently used because it allows individuals to retain as many legal rights as possible while still receiving necessary assistance.

What is the difference between limited and plenary guardianship?

Limited guardianship removes only specific legal rights identified by the court.

Plenary guardianship removes nearly all legal rights and gives the guardian full authority to make decisions on behalf of the ward.

Does guardianship always require a finding of incapacity?

Not always. Guardian Advocacy for adults with developmental disabilities often does not require a formal incapacity determination.

Can guardianship be avoided?

In many situations, yes. Proper estate planning documents—such as durable powers of attorney, healthcare directives, and trusts—may eliminate the need for guardianship if prepared before incapacity occurs.

Why Work with an Experienced Florida Guardianship Attorney?

Guardianship cases involve complex legal procedures, court oversight, medical evaluations, and ongoing reporting requirements. Whether you're petitioning for guardianship of a parent, child, or loved one with disabilities, having experienced legal guidance can help ensure the process is handled efficiently and correctly.

For more than 40 years , Walser Law Firm has helped Florida families navigate guardianship, probate, estate administration, and estate planning matters. Our attorneys understand the emotional and legal challenges these cases present and work closely with families to protect the rights and well-being of their loved ones.

If you have questions about guardianship or would like to discuss your situation, contact Walser Law Firm to schedule a consultation with an experienced Florida guardianship attorney.

Continue learning about Florida guardianship and estate planning:

Florida Guardianship Process: Step-by-Step
Do I Need a Guardianship Attorney?
Guardianship vs. Power of Attorney
Estate Planning Checklist for Florida Families
What Happens If Someone Dies Without a Will?
Florida Probate Process Explained
Summary Administration in Florida
Formal Administration vs. Summary Administration

How Do You Access a Decedent's Safe Deposit Box in Florida?

Mon, 20 Jul 2026 17:44:02 GMT

Updated July 2026

by Thomas C. Walser, Probate Attorney (40+ Years of Experience)

Losing a loved one is never easy. Unfortunately, many families quickly discover that important documents needed to administer the estate—including the original will, trust documents, deeds, stock certificates, and other valuable records—may be locked inside the decedent's safe deposit box

For years, accessing a safe deposit box after someone's death could become an unnecessary obstacle. Financial institutions often required personal representatives to obtain additional court orders or satisfy internal policies before granting access, even after presenting valid Letters of Administration.

Fortunately, Florida's new probate legislation, effective July 1, 2026 , helps eliminate many of these unnecessary delays by strengthening the authority of personal representatives during estate administration. Under the amended law, financial institutions are required to provide access to a decedent's safe deposit box upon presentation of valid Letters of Administration, helping families move the probate process forward more efficiently.

At Walser Law Firm, we have spent more than 40 years helping families navigate Florida probate. Our attorneys have handled more than 4,000 probate matters , including over 1,000 Summary Administration cases , and our probate paralegals bring a combined 50 years of probate experience . Our founding attorney is also a former Certified Public Accountant (CPA) with a Master's Degree in Estate Planning , providing clients with both legal and financial insight throughout the probate process.

What Happens to a Safe Deposit Box When Someone Dies?

When someone passes away, the contents of their safe deposit box do not automatically become accessible to family members. Even if a spouse, child, or other relative knows where the key is located, they generally cannot simply walk into the bank and open the box.

Instead, the financial institution must follow Florida law regarding who has legal authority to access the box and under what circumstances.

This is designed to protect the decedent's property, ensure the proper administration of the estate, and prevent unauthorized removal of important documents or valuable assets.

Who Can Access a Decedent's Safe Deposit Box in Florida?

The answer depends on the ownership of the safe deposit box and the stage of the probate process.

If the safe deposit box is jointly owned with rights of access, the surviving co-owner may still have access depending on the terms of the rental agreement.

However, if the safe deposit box is owned solely by the decedent, the individual appointed by the probate court as the Personal Representative generally has the legal authority to access it after receiving Letters of Administration.

Letters of Administration are official court documents that authorize the Personal Representative to act on behalf of the estate. They allow the Personal Representative to collect assets, communicate with financial institutions, pay valid debts, and distribute estate property according to Florida law.

How Florida's New 2026 Probate Law Simplifies Safe Deposit Box Access

One of the lesser-known but important changes included in Florida's 2026 probate reform addresses safe deposit boxes.

Before the law changed, many financial institutions required Personal Representatives to obtain an additional court order before allowing access to the safe deposit box. Although the Personal Representative already possessed valid Letters of Administration, some institutions relied on internal policies that created unnecessary delays.

Beginning July 1, 2026 , Florida law was amended to require financial institutions to provide access to a decedent's safe deposit box upon presentation of valid Letters of Administration. This change removes an unnecessary hurdle that often delayed estate administration by several weeks.

For many families, this means fewer delays and a smoother probate process .

Why Is Access to the Safe Deposit Box So Important?

Safe deposit boxes often contain some of the estate's most important documents.

These may include:

The original Last Will and Testament
Trust agreements
Property deeds
Stock certificates
Savings bonds
Insurance policies
Military records
Family heirlooms
Jewelry
Important financial records

Without timely access to these documents, administering the estate can become significantly more complicated.

What Documents Will You Need?

Although every financial institution has its own procedures, Personal Representatives should generally be prepared to provide:

Certified Letters of Administration
A certified death certificate
Government-issued identification
Any additional documents specifically required by Florida law

An experienced probate attorney can help ensure all required documentation is prepared before contacting the financial institution.

What If the Bank Refuses to Provide Access?

Although Florida's new law strengthens the authority of Personal Representatives , disputes can still arise.

Some financial institutions may request documentation beyond what is legally required or delay responding to requests.

Florida's 2026 probate reforms also created a new enforcement mechanism that allows Personal Representatives to seek court intervention when a financial institution refuses to recognize valid Letters of Administration without a legitimate legal basis. In certain situations, the court may require the financial institution to pay the Personal Representative's attorney's fees and costs if its refusal was not legally justified.

These changes encourage financial institutions to comply with Florida law and help reduce unnecessary delays for grieving families.

Common Mistakes Families Make

Families often make the probate process more difficult than necessary by:

Attempting to access the safe deposit box before legal authority has been established.
Assuming possession of the key automatically grants access.
Removing property without proper authorization.
Waiting too long to begin probate.
Trying to resolve disputes with the bank without legal guidance.

Avoiding these mistakes can save considerable time, expense, and frustration.

Why Families Choose Walser Law Firm

Probate is rarely as simple as completing paperwork. Even straightforward estates can encounter delays when financial institutions, missing documents, or questions about legal authority arise.

Families throughout Florida choose Walser Law Firm because we provide:

More than 40 years of Florida probate experience.
Over 4,000 probate matters successfully handled.
More than 1,000 Summary Administration cases.
A former CPA with a Master's Degree in Estate Planning.
Probate paralegals with more than 50 years of combined experience.
Faster document preparation.
Proactive communication.
Personal attorney access.
Guidance through every stage of probate.

We proudly represent families throughout all 67 Florida counties .

What Should You Do Next?

If your loved one maintained a safe deposit box, obtaining the proper legal authority early in the probate process can help prevent unnecessary delays.

Gather the following documents before meeting with your probate attorney:

Original Will (if available)
Trust documents (if applicable)
Certified death certificate
Information regarding the safe deposit box
A list of known heirs and beneficiaries

An experienced probate attorney can determine the most efficient way to obtain access under Florida law.

Schedule Your Free 30-Minute Consultation

If you need help accessing a loved one's safe deposit box or have questions about Florida's new 2026 probate laws, Walser Law Firm is here to help.

Our experienced probate team has guided thousands of Florida families through the probate process with personalized legal counsel and practical solutions.

Contact Walser Law Firm today to schedule your free 30-minute consultation and learn how we can help you move your loved one's estate forward as efficiently as possible.

How Does a Special Needs Trust Work?

Mon, 13 Jul 2026 19:08:07 GMT

Updated July 2026

by Thomas C. Walser, Estate Planning Attorney (40+ Years of Experience)

At Walser Law Firm, we’re often asked the question: How does a special needs trust work? Fortunately, Special Needs Trusts, or SNTs, are very straight-forward, as long as you understand the exact qualifications necessary, and the different types of trusts available given your circumstance.

If you have a disabled dependent like a child with special needs or a loved one in a nursing home, the ability to provide for them is of course a necessity. However, many instances of financial compensation can cause larger issues, like stripping the beneficiary of government benefits they’d normally be able to receive, like SSI or Medicaid. In Florida, there are a number of SNTs available to help you or your loved one stay financially secure, without losing other benefits in the process. So, how does a special needs trust work? Well, let’s first go over the various types of SNTs the state of Florida provides.

Special Needs Trusts in Florida

The two main types of special needs trusts in Florida are First-Party and Third-Party. The difference mainly depends on whose property is funding the trust, but other circumstances allow for a clearer indication of which option is better for you.

These SNTs are most often used when the person with a disability inherits property or money outright. They can also be used when an individual with personally owned assets later becomes disabled, and needs to qualify for benefits with an assets or income limitation. Formed and mandated under Federal Law, first-party SNTs can be established by any legally or mentally competent SNT beneficiary. They are funded with property that belongs to the beneficiary or to which the beneficiary is or becomes legally entitled.

Special needs trust benefits in a first-party SNT are only available for the sole use of that beneficiary, who must be legally classified as “disabled” by government standards. All amounts remaining in first-party SNTs after the beneficiary’s death must be paid back, up to an equal amount of medical assistance benefits paid for by a Medicaid program in their lifetime.

These are most commonly used by persons who wish to plan for a loved one with special needs in advance, such as parents, grandparents, siblings or legal guardians. They can be drafted as a stand-alone SNT, or included in a Last Will & Testament, or an inter-vivos “living trust”. The latter two instances can only come into existence after the death of the individual whose Will or Trust created the SNT. A stand-alone SNT can be used as a receptacle for any lifetime or post-mortem gifts given by the beneficiary’s family or friends.

Special needs trust benefits in a third-party SNT differ in that there is no requirement to use remaining assets for reimbursement toward Medicaid benefits received in the beneficiary’s lifetime. Therefore, these are extremely useful for people who wish to set aside property for a beneficiary with disabilities, and still remain in total control of where the remaining assets go upon the beneficiary’s death.

Who Can Benefit From Special Needs Trusts?

Special needs trust benefits can be provided to a number of different people in a number of different circumstances. These can include:

Walser Law Firm

For over 40 years, our team at Walser Law Firm has been helping people create and maintain Special Needs Trusts for them or for their loved ones. If someone you know could benefit from a Special Needs Trust, please don’t hesitate to contact us today.

What Are Florida's New 2026 Laws on Summary Administration?

Mon, 13 Jul 2026 19:04:04 GMT

Updated for Florida's July 1, 2026 Probate Law Changes

by Thomas C. Walser, Probate Attorney (40+ Years of Experience)

Losing a loved one is difficult enough without having to navigate Florida's probate system. Fortunately, beginning July 1, 2026, Florida expanded eligibility for Summary Administration, allowing more families to take advantage of a faster and less expensive probate process. The new law increases the asset threshold from $75,000 to $150,000, meaning many estates that previously required Formal Administration may now qualify for Summary Administration.

At Walser Law Firm, we've spent more than 40 years helping Florida families through the probate process. Our attorneys have handled over 4,000 probate matters, including more than 1,000 summary administrations, and our probate paralegals bring a combined 50 years of probate experience. As a former CPA with a Master's in Estate Planning, our founding attorney understands both the legal and financial complexities involved in settling an estate.

What Changed on July 1, 2026?

The most significant change to Florida's Summary Administration law is the increase in the eligibility threshold.

Before July 1, 2026:

Estates with probate assets valued at $75,000 or less generally qualified for Summary Administration.

Beginning July 1, 2026:

Estates with probate assets valued at $150,000 or less may now qualify for Summary Administration.

This means many families who previously faced a lengthy Formal Administration may now have access to a more streamlined probate process.

The 2026 legislation also:

Increased the "Disposition Without Administration" limit from $10,000 to $20,000 in qualifying situations.
Increased the amount of a deceased person's income tax refund that a surviving spouse or child may claim without probate court approval from $2,500 to $5,000.

What Is Summary Administration?

Summary Administration is Florida's simplified probate process designed for qualifying estates.

Compared to Formal Administration, Summary Administration generally involves:

Less paperwork
Lower court costs
Reduced attorney's fees
A shorter probate process

For many families, it is the most efficient way to transfer assets after a loved one's passing.

Who Qualifies for Summary Administration?

Generally, an estate may qualify if:

The value of the probate estate is $150,000 or less, or
The decedent has been deceased for more than two years.

Importantly, not every asset counts toward the $150,000 limit. Certain assets—including homestead property and many accounts with designated beneficiaries—may be excluded when determining eligibility. Properly calculating probate assets is one of the most important parts of deciding whether Summary Administration is available.

Can You Use Summary Administration Without a Will?

Yes.

Many people mistakenly believe Summary Administration is only available if the decedent left a will. In reality, Florida law allows Summary Administration whether the decedent died with or without a will, provided the estate otherwise qualifies.

Do All Heirs Have to Agree?

Generally, all beneficiaries or heirs who are entitled to receive property from the estate must be properly addressed during the Summary Administration process. Depending on the circumstances, court approval and a hearing may be required.

Because every family situation is different, having an attorney prepare the necessary filings helps ensure the process moves forward without unnecessary delays.

Do You Need an Attorney?

Although Florida law does not always expressly require an attorney for Summary Administration, many people underestimate how technical the process can be.

One of the biggest misconceptions we encounter is that families can simply complete the paperwork themselves. In reality, probate courts generally prefer that Summary Administration petitions be prepared by an attorney because even small mistakes can delay the case or require additional court filings.

At Walser Law Firm, we frequently help families avoid issues involving:

Incorrect asset valuations
Missing heirs
Improper court filings
Delays caused by incomplete documentation
Questions regarding creditor claims

Common Mistakes Families Make

Even with the new 2026 law, families often encounter avoidable problems.

Some of the most common include:

Assuming every estate under $150,000 automatically qualifies.
Miscalculating which assets count toward the probate estate.
Attempting to file without legal guidance.
Overlooking potential creditor claims.
Failing to identify all heirs or beneficiaries.

These issues can delay what is intended to be a simplified probate process.

When Summary Administration May Not Be the Best Option

Although Summary Administration offers many advantages, it is not appropriate for every estate.

Formal Administration may still be necessary when:

There are creditor disputes.
Heirs cannot be located.
There are unknown beneficiaries.
The estate contains complicated or difficult-to-value assets.
Ancillary probate is required for property located outside Florida.

An experienced probate attorney can determine which procedure best fits your family's situation.

Why Families Choose Walser Law Firm

Choosing the right probate attorney can make a significant difference in both the c ost and efficiency of the probate process.

Families throughout Florida trust Walser Law Firm because we offer:

More than 40 years of probate experience.
Over 4,000 probate matters handled.
More than 1,000 Summary Administration cases.
A former CPA with a Master's in Estate Planning.
Probate paralegals with a combined 50 years of experience.
Faster document preparation.
Proactive communication throughout the case.
Personal attorney access.
A commitment to preventing avoidable delays whenever possible.

We proudly assist clients in all 67 Florida counties.

What Documents Should You Gather?

Before meeting with a probate attorney, gathering the following documents can help m ake the process more efficient:

Original Will (if one exists)
Trust documents (if applicable)
Certified death certificate
Names and current addresses of all heirs and beneficiaries
A list of the decedent's assets and debts

Having these documents available allows your attorney to determine whether the estate qualifies for Summary Administration under Florida's updated law.

Speak With an Experienced Florida Probate Attorney

Florida's July 1, 2026 changes have made Summary Administration available to many more families. However, determining whether an estate qualifies requires more than simply looking at its total value.

At Walser Law Firm, we have spent more than four decades helping families navigate Florida probate with confidence. If you've recently lost a loved one and want to know whether the new Summary Administration rules apply to your situation, our experienced probate team is here to help.

Contact Walser Law Firm today to schedule your free 30-minute consultation and learn whether your loved one's estate qualifies under Florida's new 2026 Summary Administration law.

What is the Probate Process in Florida?

Tue, 02 Jun 2026 19:50:14 GMT

Updated June 2026

by Thomas C. Walser, Probate Attorney (40+ Years of Experience)

When a loved one passes away, it can be challenging to understand how our complicated legal system works, which is why many individuals come to us with a common question: What is the probate process in Florida?

It’s a difficult time for everyone involved, but understanding the probate process can help you and your loved ones move forward. And luckily, it’s less complicated than you’d think.

A probate is a process used in court to handle a loved one’s estate after death. State laws vary, and it’s important to understand the differing timelines and statutes that come into effect when this happens. In Florida, a probate is almost always required when someone passes away. For that reason, knowing the ins and outs of the probate process in Florida is paramount in correctly handling the wills and estates. This includes understanding how to avoid probate in Florida, along with the particular steps one must take to ensure a satisfactory result.

Who Can File Probate in Florida?

When it comes to understanding probate rules and processes, it’s important to know who can file probate in Florida. An executor, or personal representative, is most often the person tasked with handling the duties toward transferring property from the decedent’s estate to the heirs. These duties can include:

Executors should meet with an attorney to facilitate these duties, and eventually file a petition with the probate court to begin the legal ramifications. The attorney will go over any wills and death certificates, and identify any of the debts one may owe postmortem. A key thing to remember is that while a probate attorney is there to guide you, it’s important to have an idea of these things before meeting with them to avoid confusion.

The Legal Probate Process in Florida

Assets left by the decedent are usually distributed through the provisions of their will. They can pay the cost of the probate proceedings, if provided. In cases of intestacy, Florida has specific rules regarding where these assets go, and in most cases it goes to the decedent’s spouse if applicable. But if a personal representative is named, it becomes their responsibility in handling these assets. These assets can be anything from:

How to Avoid Probate in Florida

The easiest way to avoid Probate in Florida is if the decedent provided a trust in their will. This can include an inter-vivos trust, or a testamentary trust, and is given to a person or institution named as the trustee who is responsible for administering this document.

The difference between a trust administration and probate is that a trust administration is not a court-supervised process. As a result, probate is not necessarily required if the decedent had a properly drafted and revised trust. In this case, a trustee takes on the roles of an executor, and must take similar precautions to administer the trust correctly.

Walser Law Firm, Elder Law and Probate Attorneys

Founded in 1983, our Florida probate law firm has been providing trust and estate legal services in Palm Beach County for over 30 years. Our goal is to properly guide you through the legal processes regarding probate and trust administrations, and to ensure that all parties involved are given proper care throughout the process. Whether it’s creating wills and trusts, estate planning , or handling the probate process, we are here to ease the pressure of the legal proceedings that follow a difficult loss.

If you have questions about Florida probate law, or if you require an attorney, our team at Walser Law Firms are here to help in whatever way we can. Please don’t hesitate to contact us for any concerns or inquiries. We pride ourselves on providing timely responses to any and all inquiries, backed by a dedicated, professional, and compassionate staff here to help you and your needs.

What Is a Power of Attorney in Florida?

Tue, 02 Jun 2026 19:04:18 GMT

Updated June 2026

by Thomas C. Walser, Estate Planning Attorney (40+ Years of Experience)

A Power of Attorney is one of the most important—but most misunderstood—estate planning documents in Florida.

While many people focus on wills and trusts , a Power of Attorney plays a completely different role. It protects you during your lifetime if you become unable to manage your financial or legal affairs.

Without it, even close family members may be unable to access accounts, pay bills, or handle urgent financial matters without court involvement.

For many individuals, especially retirees, a Durable Power of Attorney is a foundational part of a complete estate plan.

This guide explains what a Power of Attorney is, how it works in Florida, who needs one, and why it is essential for protecting your financial future.

What Is a Power of Attorney?

A Power of Attorney (POA) is a legal document that allows one person to authorize another person to act on their behalf in financial and legal matters.

The person creating the document is called the Principal . The person receiving authority is called the Agent or Attorney-in-Fact .

The authority granted depends entirely on the document itself and can be broad or limited.

A Florida Power of Attorney may allow an agent to:

Access and manage bank accounts
Pay bills and financial obligations
Handle real estate transactions
Manage investments
Sign legal documents
Deal with insurance matters
Assist with tax filings and financial records

In short, it allows a trusted individual to step in and manage financial affairs when needed.

However, it does not transfer ownership of assets and does not give authority beyond what is specifically written in the document.

How Does a Power of Attorney Work in Florida?

In Florida, a Power of Attorney is governed by state law and must meet specific legal requirements to be valid.

Once properly executed, the agent may act on behalf of the principal within the scope of authority granted in the document.

Financial institutions and third parties generally rely on the Power of Attorney to confirm that the agent has legal authority to act.

However, those institutions may still require the document to be current, properly drafted, and compliant with Florida law.

The effectiveness of a Power of Attorney depends on clarity. A well-drafted document avoids delays and ensures the agent can act when needed without unnecessary obstacles.

What Is a Durable Power of Attorney?

A Durable Power of Attorney is the most commonly used type of Power of Attorney in Florida estate planning.

The term “durable” means the document remains effective even if the principal becomes incapacitated.

This is extremely important because incapacity is often the very situation where the document is needed most.

Without durability, the Power of Attorney would terminate at the exact moment a person becomes unable to manage their affairs.

A Durable Power of Attorney helps ensure continuity during situations such as:

Stroke or medical emergency
Dementia or cognitive decline
Serious accident or hospitalization
Age-related incapacity

For retirees, this document is especially important because the likelihood of incapacity increases with age.

A Durable Power of Attorney is often paired with a will, trust, and healthcare documents to create a complete estate plan.

Who Needs a Power of Attorney?

Many people mistakenly believe Powers of Attorney are only necessary for older adults. In reality, nearly every adult benefits from having one.

Retirees

Retirees often rely on investments, retirement accounts, and fixed income sources. A Power of Attorney ensures those financial matters can continue without disruption if health issues arise.

Property Owners

Real estate transactions require legal authority. Without a Power of Attorney, even simple property matters can become delayed or blocked.

Business Owners

Business operations may need to continue even if the owner becomes unavailable. A Power of Attorney allows someone to step in and handle critical financial decisions.

Individuals Who Want to Avoid Guardianship

Without a Power of Attorney, families may need to seek guardianship through the court system to manage financial affairs.

A properly drafted document can often reduce or eliminate the need for court intervention.

What Happens If You Do Not Have a Power of Attorney?

Without a Power of Attorney, your loved ones may face significant legal and financial challenges if you become incapacitated.

Common problems include:

Inability to access bank accounts
Delays in paying bills and managing expenses
Difficulty handling investments or retirement accounts
Problems managing real estate or business affairs
Limited ability to communicate with financial institutions

Even immediate family members do not automatically have legal authority to act on your behalf.

In many cases, families must petition a Florida court for guardianship before they can manage financial matters.

Guardianship proceedings can be:

Time-consuming
Expensive
Emotionally stressful
Subject to ongoing court supervision

A Durable Power of Attorney is designed to prevent these complications by allowing you to choose someone in advance.

For more information on court-appointed authority, see our guide on Understanding the Different Types of Guardianship in Florida .

Power of Attorney vs. Guardianship

Although they serve similar purposes, Power of Attorney and guardianship are fundamentally different.

A Power of Attorney is a private legal document created by the individual while they still have capacity.

Guardianship is a court process that occurs when someone is no longer able to manage their own affairs.

Key Differences

A Power of Attorney is chosen by you
A guardian is appointed by a judge
A Power of Attorney avoids court involvement
Guardianship requires court supervision
A Power of Attorney is generally faster and less expensive

While guardianship may still be necessary in some situations, a Durable Power of Attorney often helps avoid or reduce the need for it.

Can a Power of Attorney Avoid Probate?

No. A Power of Attorney cannot avoid probate.

This is one of the most common misconceptions in estate planning.

A Power of Attorney only remains valid during the lifetime of the principal. Once the principal passes away, the authority of the agent automatically ends.

After death, assets are distributed according to:

A will
A trust
Beneficiary designations
Florida intestacy laws (if no will exists)

Some assets may still need to pass through the Florida probate process depending on how they are titled.

To learn more, see our guide on What Is Probate in Florida? or What Happens If You Die Without a Will in Florida?

While a Power of Attorney does not avoid probate, it plays a critical role in managing finances during life and incapacity.

Common Power of Attorney Mistakes

Many problems with Powers of Attorney arise from avoidable mistakes.

Waiting Too Long

If someone loses mental capacity before signing a Power of Attorney, it may no longer be possible to create one.

Choosing the Wrong Agent

The authority granted is significant. Choosing someone without proper judgment or responsibility can create serious issues.

Using Generic Forms

Florida has specific legal requirements. Online forms may not provide sufficient authority or may not be accepted by institutions.

Failing to Update Documents

Life changes such as divorce, relocation, or death of an agent may require updates to your estate plan.

Benefits of Having a Florida Power of Attorney

A properly drafted Durable Power of Attorney provides important protections, including:

Financial continuity during incapacity
Ability to manage bills and obligations
Reduced risk of guardianship proceedings
Faster response during emergencies
Peace of mind for families

It is one of the most practical and protective documents in any estate plan.

Frequently Asked Questions About Florida Powers of Attorney:

What is a Power of Attorney in Florida?

It is a legal document that allows someone to act on your behalf in financial and legal matters.

What is a Durable Power of Attorney?

It is a Power of Attorney that remains effective even if you become incapacitated.

Who should I choose as my agent?

Choose someone trustworthy, responsible, and financially capable.

Can a Power of Attorney avoid probate?

No. It ends at death and does not transfer assets.

What happens if I become incapacitated without one?

Your family may need to seek guardianship through the Florida court system.

What Does Walser Law Firm Do for Power of Attorney Planning?

Walser Law Firm helps Florida individuals and families create Durable Powers of Attorney as part of comprehensive estate planning.

Each document is carefully drafted to comply with Florida law and tailored to the client’s financial situation and family structure.

A properly prepared Power of Attorney ensures that trusted individuals can act quickly and effectively during times of incapacity, without unnecessary court involvement.

Why Choose Walser Law Firm for Estate Planning?

Estate planning is not just about documents—it is about protection, planning, and peace of mind.

With more than 40 years of experience, Thomas Walser has helped individuals and families across Florida create estate plans designed to protect assets and ensure their wishes are followed.

Each plan is built to address both incapacity and inheritance planning in a clear and legally enforceable way.

About Thomas Walser

Thomas Walser is a Florida estate planning attorney with over 40 years of experience helping clients with wills, trusts, probate, guardianship matters, and comprehensive estate planning.

His focus is helping families create clear legal plans that protect their assets and reduce uncertainty during life’s most difficult moments.

Final Thoughts

A Power of Attorney is one of the most important documents in any Florida estate plan.

While it does not control what happens after death, it plays a critical role in protecting you during your lifetime if you become unable to manage your affairs.

Without it, families may face unnecessary legal delays, court proceedings, and financial complications.

A properly drafted Durable Power of Attorney ensures that someone you trust can step in when needed, providing stability and peace of mind.

If you are ready to create or update your estate plan, contact Walser Law Firm to discuss your options.

When Should You Start Estate Planning

Thu, 14 May 2026 18:47:35 GMT

Updated May 2026

by Thomas C. Walser, Estate Planning Attorney (40+ Years of Experience)

Estate planning is often treated like something you only think about later in life.

But legally, that approach is risky.

The truth is simple: estate planning should begin as soon as you become a legal adult, because that is when you gain full control over your medical, financial, and legal decisions.

Without a plan, the state—not you—decides what happens.

This guide explains exactly when estate planning should start, when it is needed, and what to consider at each stage of life in simple, practical terms.

What Is Estate Planning?

Estate planning is the legal process of deciding:

Who receives your assets if you pass away
Who manages your finances if you cannot
Who makes medical decisions if you are incapacitated

In simple terms:

Estate planning ensures your wishes are followed if something happens to you.

A basic estate plan usually includes:

A will or trust
Financial power of attorney
Health care directive

When Should Estate Planning Begin?

Estate planning should begin at age 18

Estate planning should begin as soon as you become a legal adult (age 18).

At this stage:

Parents no longer automatically control your medical decisions
You legally own your assets
The state determines what happens if you have no plan

Even if you only have:

a bank account
a car
or student income

You still need a basic estate plan.

When to Do Estate Planning (Life Events That Trigger Planning)

You should do estate planning immediately when you experience:

Turning 18
Starting a job or career
Opening retirement accounts (401k, IRA)
Getting married or divorced
Having children
Buying property

Key idea:

Estate planning is not age-based—it is life-event based.

When Is Estate Planning Needed?

Estate planning is needed whenever:

You have any assets (no matter how small)
Someone may need to make decisions for you
You want control over medical care
You want specific people to inherit your belongings

Important legal fact:

Without a plan, state intestacy laws decide everything, including inheritance and decision-making authority.

What to Consider When Estate Planning

1. Your assets

Even small assets matter:

Bank accounts
Retirement accounts
Vehicles
Personal property

2. Your medical wishes

You should decide:

Who makes medical decisions for you
What treatments you do or do not want
End-of-life care preferences

3. Legal authority

Once you turn 18:

No one has automatic legal control over you
You must assign power of attorney for medical and financial decisions

4. Beneficiaries

Make sure you regularly review:

Life insurance beneficiaries
Retirement account beneficiaries
Transfer-on-death designations

Estate Planning by Age (Clear Breakdown)

Ages 18–24 (Foundation stage)

Basic will
Health care directive
Power of attorney

Ages 25–34 (Growth stage)

Update beneficiaries
Add life insurance
Begin structured financial planning

Ages 35–49 (Family stage)

Consider a trust
Protect dependents
Reduce probate risk
Plan guardianship for children

Ages 50+ (Legacy stage)

Wealth transfer planning
Tax planning strategies
Charitable and legacy planning

What Happens If You Don’t Have an Estate Plan?

If you don’t create an estate plan:

The state decides who inherits your assets
Your family may go through probate court
Medical decisions may be made by someone you didn’t choose
Your wishes may not be followed

Example:

Even if you intend for a specific family member to receive money, state law may distribute it differently without a will.

Common Estate Planning Mistakes (And How to Avoid Them)

Mistake 1: Waiting too long

Unexpected illness or accidents can happen at any age.

Mistake 2: Thinking you need wealth first

Estate planning is about control—not net worth.

Mistake 3: Not naming decision-makers

Without legal documents, no one automatically has authority.

Mistake 4: Not updating your plan

Life changes—your estate plan should change with it.

Benefits of Starting Estate Planning Early

Starting early gives you:

Full control over medical decisions
Legal protection of assets
Reduced stress for family members
Flexibility to update over time
Peace of mind in emergencies

The best estate plan is one that exists early and evolves over time.

Estate Planning Checklist ( In Depth Guide - click here )

If you’re starting today, complete these steps:

Create a will
Assign financial power of attorney
Create a health care directive
Review beneficiary designations
List all assets
Consult an estate planning attorney

FAQs About Estate Planning

When should I start estate planning?

You should start at age 18 or as soon as you become a legal adult.

When is estate planning needed most?

It is needed whenever you:

have assets
have dependents
or want control over medical and financial decisions

What to consider when estate planning?

Focus on:

assets
medical wishes
legal authority
beneficiaries

Do I need estate planning if I’m young and single?

Yes. Even young adults need medical directives and legal authority documents.

What happens if I die without a will?

State law decides who inherits your assets, which may not reflect your wishes.

What does Walser Law Firm do for estate planning?

Walser Law Firm helps individuals and families create legally valid estate plans, including wills, trusts, and medical directives. The firm ensures clients’ wishes are clearly documented and legally enforceable.

Why choose Walser Law Firm for estate planning?

Walser Law Firm provides personalized legal guidance backed by decades of experience, helping clients protect their assets, families, and medical wishes with clear and enforceable estate plans.

Thomas Walser is an estate planning attorney with over 40 years of experience helping individuals and families create legally sound estate plans, including wills, trusts, powers of attorney, and medical directives.

Over his career, he has guided clients through every stage of life—from young adults setting up their first basic estate plans to families managing complex inheritance and trust structures.

His focus is simple:
Helping people protect their wishes, their families, and their future with clear legal planning.

Final Thoughts

So, when should you start estate planning?

The answer is simple: as early as possible—ideally at age 18.

Estate planning is not about wealth or age.
It is about control, protection, and ensuring your wishes are followed when life doesn’t go as planned.

The strongest estate plan is not the most complex one.

It is the one you start today and maintain over time.

Wills vs Trusts

Thu, 14 May 2026 17:01:45 GMT

Updated May 2026

By Thomas C. Walser, Florida Estate Planning Attorney (40+ Years of Experience)

Which Estate Plan Is Right for You?

When creating an estate plan in Florida, one of the most important decisions you’ll make is whether you need a will or a trust. While both documents help protect your assets and your loved ones, they work very differently under Florida law.

For many retirees, snowbirds, and families in Boca Raton and Palm Beach County, understanding the difference between a will and a revocable living trust can help avoid probate, reduce stress for loved ones, and create a smoother transition during illness or incapacity.

One of the biggest misconceptions in estate planning is believing that a will avoids probate. In Florida, that is usually not the case.

Below, we explain the key differences between wills and trusts in Florida, when each may be appropriate, and how proper planning can help protect your family and your future.

Quick Answer: Will or Trust in Florida?

A will directs how your assets are distributed after death, but it generally must go through probate court in Florida. A revocable living trust, on the other hand, can help families avoid probate, maintain privacy, and manage assets during incapacity or illness.

For many Florida retirees, high-net-worth families, and snowbirds, a trust provides greater flexibility and long-term protection.

What Is a Will in Florida?

A will, also called a Last Will and Testament, is a legal document that explains:

who receives your assets after death,
who will manage your estate, and
who will serve as guardian for minor children.

A will only becomes effective after death. In most cases, assets controlled by a will must still pass through the Florida probate process before beneficiaries receive their inheritance.

Probate is the court-supervised process used to:

validate the will,
identify heirs,
pay debts and creditors, and
distribute assets.

While a will is an important estate planning document, it does not typically avoid probate in Florida.

What Is a Revocable Living Trust?

A revocable living trust is a legal arrangement that holds ownership of your assets during your lifetime and allows those assets to pass to beneficiaries outside of probate court.

In most cases, the person creating the trust — called the grantor — remains in complete control of the assets while alive.

A revocable living trust in Florida can help:

avoid probate,
maintain privacy,
simplify inheritance,
manage assets during incapacity, and
reduce court involvement after death.

Unlike a will, a trust becomes effective immediately once it is created and funded.

This can be especially important for elderly individuals or retirees who want a plan in place if they later become unable to manage finances due to illness or disability.

Does a Will Avoid Probate in Florida?

No. This is one of the most common misconceptions in estate planning.

A will does not avoid probate in Florida. Instead, it directs how the probate process should occur.

If assets are titled solely in the deceased person’s name, the estate will usually still need to go through probate administration before assets can be transferred to heirs.

Probate can involve:

court filings,
legal fees,
delays,
creditor claims, and
public records.

For many Florida families, avoiding probate is one of the primary reasons they consider creating a revocable living trust.

How a Trust Helps Avoid Probate in Florida

When assets are properly titled in the name of a trust, they can often transfer directly to beneficiaries without going through probate court.

This may help families:

avoid lengthy probate timelines,
reduce administrative costs,
maintain privacy,
minimize court involvement, and
simplify estate administration.

For snowbirds who own property in multiple states, trusts can also help avoid ancillary probate proceedings outside Florida.

Many retirees in Boca Raton and Palm Beach County use revocable trusts as part of a larger estate planning strategy designed to create a smoother transition for loved ones.

When Should You Consider a Trust in Florida?

A revocable living trust may be beneficial if you:

want to avoid probate,
own real estate in multiple states,
are retired or approaching retirement,
have a blended family or second marriage,
want privacy regarding your assets,
have significant assets, or
want a plan for disability or incapacity.

Trusts are commonly used by Florida snowbirds and retirees because they can simplify estate administration and help families avoid unnecessary delays after death.

They may also help reduce conflicts that sometimes arise in second marriages or blended families.

Common Probate Problems Florida Families Face

Probate administration in Florida can become complicated, especially when estate plans are outdated or incomplete.

Some common probate issues include:

Probate Delays

Even straightforward estates can remain in probate for months while court procedures are completed.

Remarriage and Blended Family Disputes

Inheritance disagreements between surviving spouses and children from prior relationships are common in probate litigation.

Frozen Financial Accounts

Accounts solely in the deceased person’s name may become temporarily inaccessible during probate.

Out-of-State Property Issues

Snowbirds who own homes in multiple states may face additional probate proceedings outside Florida.

Increased Costs

Probate may involve attorney fees, court costs, executor fees, and administrative expenses that reduce the value of an estate.

Is a Trust Worth It in Florida?

For many retirees, elderly individuals, and high-net-worth families, the answer is often yes.

While trusts may require more planning upfront than a simple will, they can provide significant long-term benefits by:

avoiding probate,
simplifying estate administration,
protecting privacy,
planning for incapacity, and
reducing stress for loved ones.

Every estate plan should be tailored to the individual’s goals, assets, and family circumstances.

Will vs Trust in Florida

Key differences between wills and revocable living trusts in Florida estate planning.

Feature Will Trust

Avoids Probate No Yes

Works During Incapacity No Yes

Court Involvement Required Usually Avoided

Privacy Public Record Private

Best For Basic Planning Probate Avoidance & Asset Management

Frequently Asked Questions:

Is a trust better than a will in Florida?

A trust may be beneficial for individuals who want to avoid probate, maintain privacy, or plan for incapacity. A will is still important but generally does not avoid probate.

Does a revocable living trust avoid probate in Florida?

Yes. Assets properly titled in the name of the trust typically avoid probate administration in Florida.

What are the disadvantages of a trust in Florida?

Trusts require proper drafting, funding, and ongoing maintenance. They may also involve higher upfront planning costs than a simple will.

Do retirees in Florida need a trust?

Many retirees use revocable living trusts to simplify asset management and avoid probate for their families.

What happens if you die with only a will in Florida?

Your estate will likely still go through probate before assets are distributed to beneficiaries.

Speak With a Florida Estate Planning Attorney

Choosing between a will and trust in Florida depends on your family dynamics, financial goals, and the type of protection you want for your loved ones.

For many retirees, snowbirds, and Palm Beach families, a revocable living trust can help avoid probate, simplify estate administration, and create peace of mind for the future.

If you are considering creating or updating your estate plan, our Boca Raton estate planning team can help you determine whether a will, trust, or combination of both is right for your situation.

Schedule a consultation today to discuss your estate planning goals and protect what matters most.

Contesting a Will During Probate

Mon, 11 May 2026 19:55:34 GMT

Updated May 2026

By Thomas C. Walser, Florida Probate Litigation Attorney (40+ Years of Experience)

When a loved one passes away, disagreements over inheritance and estate administration can quickly become emotional and legally complex. In Florida, probate is the court-supervised process used to validate a deceased person’s Will, appoint a personal representative, pay debts, and distribute assets to beneficiaries.

While many probate administrations proceed without conflict, there are situations where interested parties may challenge the validity of a Will. These disputes are commonly referred to as Will contests or probate litigation.

If you believe a Will was created improperly, influenced unfairly, or executed while the decedent lacked mental capacity, Florida law may allow you to contest the document during probate proceedings.

What Does Probate Mean?

Probate is the legal process through which a deceased person’s estate is administered. If the decedent left a valid Last Will and Testament, the court generally follows the instructions outlined in that document. If there is no Will, Florida intestacy laws determine how assets are distributed among surviving family members.

The probate court also appoints a personal representative (sometimes called an executor) to oversee the administration of the estate. This individual is responsible for:

Identifying and protecting estate assets
Paying valid debts and taxes
Notifying beneficiaries and creditors
Distributing property according to the Will or Florida law

Because probate is supervised by the court, interested parties have the opportunity to raise legal objections if they believe the Will is invalid.

Who Can Contest a Will in Florida?

Not everyone has legal standing to challenge a Will . Under Florida law, a person generally must have a direct financial interest in the outcome of the estate.

Interested parties may include:

Beneficiaries named in the current Will
Beneficiaries named in a prior Will
Spouses, children, or close relatives who would inherit under intestacy laws
Individuals who were disinherited unexpectedly

A successful Will contest can significantly alter how estate assets are distributed.

Common Reasons for Contesting a Will

1. Lack of Testamentary Capacity

One of the most common grounds for contesting a Will is a claim that the decedent lacked the mental capacity required to execute estate planning documents.

Under Florida law, a person must have “testamentary capacity” at the time the Will is signed. This legal standard is lower than the mental capacity required for many contracts or financial agreements.

To have testamentary capacity, the testator generally must understand:

The nature and extent of their assets
Who their family members and beneficiaries are
How the Will distributes property
That they are signing a Last Will and Testament

Conditions such as Alzheimer’s disease, dementia, or mental illness do not automatically invalidate a Will. In many cases, a person may still have sufficient legal capacity during a lucid interval.

Evidence Often Used in Capacity Disputes

Evidence may include:

Medical records
Physician testimony
Witness testimony
Caregiver records
Prior estate planning documents
Psychological evaluations

For high-value estates or families anticipating disputes, attorneys often recommend a medical evaluation before signing estate planning documents to help reduce future litigation risks.

2. Undue Influence

Undue influence occurs when another person manipulates, pressures, or improperly influences the decedent into changing their estate plan for someone else’s benefit.

These claims frequently arise when:

A caregiver becomes a major beneficiary
An isolated elderly person changes a longstanding estate plan
A family member controls finances or healthcare decisions
A new beneficiary suddenly appears late in life

Florida courts carefully evaluate whether the beneficiary exerted excessive influence over the testator.

Factors Courts Consider in Undue Influence Cases

Florida courts may examine whether the alleged influencer:

Was present during execution of the Will
Recommended the attorney drafting the documents
Knew the contents of the Will beforehand
Directed preparation of the Will
Secured witnesses for execution
Maintained possession of the original Will

Undue influence cases are highly fact-specific and often require extensive evidence, witness testimony, and financial records.

3. Improper Execution of the Will

Florida law requires strict compliance with legal formalities when executing a Will.

Generally, a valid Florida Will must:

Be signed by the testator
Be signed at the end of the document
Be witnessed by at least two competent witnesses
Be signed in the presence of the witnesses and each other

Even small execution errors may create significant probate disputes.

Risks of DIY Estate Planning Documents

Online Will templates and DIY estate planning platforms have become increasingly popular, but improperly prepared documents often create costly probate litigation later.

Common issues include:

Missing witness signatures
Incorrect notarization
Ambiguous language
Contradictory beneficiary provisions
Improper execution ceremonies

Working with an experienced estate planning attorney can help minimize these risks.

4. Revocation of a Will

A Will may be revoked during the testator’s lifetime. In Florida, revocation can occur through:

Creation of a newer valid Will
Physical destruction of the document
Intentional cancellation by the testator

One common issue in probate cases is the inability to locate the original signed Will after death.

What Happens if the Original Will Is Missing?

Florida probate courts strongly prefer the original executed document. If only a copy exists, the court may presume the original was intentionally destroyed and revoked.

However, this presumption can sometimes be overcome with evidence such as:

Witness testimony
Attorney records
Sworn affidavits
Proof of the decedent’s intent

These proceedings often require additional probate litigation and evidentiary hearings.

How Long Do You Have to Contest a Will in Florida?

Florida probate deadlines are strict. In many cases, interested parties may have as little as:

20 days after formal notice of administration to object to the Will, or
90 days in certain probate proceedings involving fraud or newly discovered evidence

Missing a deadline may permanently waive your rights. Because probate litigation timelines move quickly, it is important to consult an attorney immediately if you suspect wrongdoing.

What Evidence Is Needed to Contest a Will?

Successfully contesting a Will typically requires substantial evidence. Depending on the claim, evidence may include:

Medical and mental health records
Financial documents
Emails and text messages
Witness testimony
Caregiver communications
Prior versions of estate planning documents
Expert testimony from physicians or handwriting analysts

Mere suspicion or family disagreement is usually not enough to invalidate a Will.

How a Florida Probate Litigation Attorney Can Help

Will contests can become emotionally charged and financially significant. An experienced probate litigation attorney can help:

Investigate suspicious estate changes
Obtain medical and financial records
Challenge invalid estate planning documents
Defend beneficiaries and personal representatives
Represent clients in probate court hearings and mediation

Whether you are contesting a Will or defending one, early legal guidance can make a substantial difference in the outcome of the case.

Contact Walser Law Firm

If you have questions about contesting a Will during probate in Florida, the experienced probate litigation attorneys at Walser Law Firm are here to help.

We assist clients with:

Probate disputes

Will contests

Trust litigation

Executor misconduct claims

Inheritance disputes

Estate administration

Contact Walser Law Firm today to schedule a confidential consultation and discuss your legal options.

Florida Medicaid Asset Protection Planning | Elder Law Florida

Thu, 07 May 2026 19:28:09 GMT

Updated May 2026

By Thomas C. Walser, Florida Elder Law Attorney (40+ Years of Experience)

Florida Medicaid Planning and Long-Term Care Protection

Medicaid asset protection planning in Florida is one of the most important parts of modern estate and elder law planning. With rising nursing home and assisted living costs in 2026, many families are surprised by how quickly long-term care expenses can deplete life savings.

Proper planning ensures your assets are protected, your Medicaid eligibility is preserved, and your long-term care needs are financially supported.

Medicaid planning is not just for emergencies—it is a proactive strategy to protect wealth, qualify for benefits, and reduce the burden on loved ones.

Why Medicaid Planning Matters in 2026

Long-term care in Florida continues to increase in cost, and most families cannot afford extended nursing home care without assistance.

In general, individuals have three ways to pay for long-term care:

Personal savings and assets
Long-term care insurance
Medicaid benefits

Because Medicaid is needs-based, strict financial limits apply. Without proper planning, individuals may be forced into a “spend-down,” exhausting assets before qualifying for benefits.

How Medicaid Eligibility Works in Florida

Medicaid is a means-tested government program, which means eligibility depends on:

Income level
Countable assets
Asset transfers within the 5-year “look-back period”

During the Medicaid look-back period, any transfers of assets for less than fair market value may trigger penalties or delays in eligibility.

This is where strategic Medicaid asset protection planning becomes critical.

Florida Medicaid Asset Protection Trusts

One of the most effective legal strategies is the Irrevocable Medicaid Asset Protection Trust.

These trusts:

Remove assets from Medicaid eligibility calculations
Protect wealth from long-term care spend-down requirements
Preserve inheritance for children and heirs
Help families plan ahead for nursing home costs

Once assets are properly transferred into an irrevocable trust, they are no longer considered owned by the applicant for Medicaid purposes.

Important : These trusts must generally be created at least five years before applying for Medicaid due to federal rules.

Key Requirements for Medicaid Asset Protection Trusts

A valid Florida Medicaid planning trust typically includes:

An independent trustee (not the applicant or spouse)
Irrevocable structure (cannot be changed or revoked)
Proper asset transfer and funding of the trust
Compliance with Florida Medicaid rules and federal regulations
Planning well in advance of nursing home care needs

Commonly used trustees include adult children, trusted relatives, or professional fiduciaries.

What Assets Can Be Protected?

Medicaid planning strategies may help protect:

Primary residence (in many cases)
Investment accounts
Savings accounts
Non-exempt real estate
Certain income-producing assets

Proper structuring is critical—incorrect planning can lead to penalties or disqualification.

Common Medicaid Planning Mistakes

Many families make costly errors, including:

Waiting too long to plan
Transferring assets incorrectly
Failing to understand the 5-year look-back rule
Relying only on a will instead of a trust
Not coordinating beneficiary designations

Early planning is the most effective way to avoid these issues.

Why Work With a Florida Elder Law Attorney

Medicaid rules are complex and constantly evolving. In Florida, proper planning requires coordination of:

Elder law
Estate planning
Tax considerations
Asset protection strategies

An experienced Florida elder law attorney can help structure your plan correctly so you qualify for benefits while protecting your estate.

Final Thoughts

Medicaid asset protection is no longer optional planning—it is essential financial protection for aging individuals and families facing long-term care risks.

With the right legal strategy, you can protect your assets, qualify for Medicaid benefits when needed, and preserve your legacy for future generations.

If you are planning ahead for retirement, nursing home care, or Medicaid eligibility in Florida, now is the time to act—not after a health crisis occurs.

At Walser Law Firm , we help Florida families with Medicaid planning, asset protection trusts, and nursing home planning strategies.

Contact Walser Law Firm today to schedule a consultation for Medicaid planning and estate protection in Florida.

Estate Planning for Same-Sex Couples After Obergefell vs. Hodges

Thu, 07 May 2026 16:52:53 GMT

Updated May 2026

By Thomas C. Walser, Florida Estate Planning Attorney (40+ Years of Experience)

One June 26, 2015 the United States Supreme Court issued its opinion in Obergefell vs. Hodges, the name assigned to a series of consolidated cases on same-sex marriage rights. The Court ruled 5-4 in favor of the petitioners, holding that same-sex married couples are entitled to equal protection under the laws, and that their marriages must be recognized nationwide.

Impact of Obergefell for Same-Sex Married Couples

State laws banning same-sex marriage are effectively invalidated. Same-sex spouses will now enjoy all state tax benefits and other spousal benefits that other couples enjoy. (including marriage, divorce, adoption & child custody, separation agreements & QDROS, marital property, survivorship spousal death benefits, inheritance through intestacy, priority rights in guardianship proceedings, contract rights, etc.)

Couples absolutely should still proactively plan. Just because states recognize marriage doesn’t mean couples should not take control of their will and trust planning, and clearly set forth their wishes in enforceable legal documents. All the good reasons to plan apply just as much to same-sex married couples as well as opposite-sex couples:

Obergefell likely represents the last word on same-sex marriage, elevating these relationships to equal statute with other marriages. While same-sex married couples are now entitled to equal protection under the laws of every state, the efficacy of those laws in ensuring dignity in disability and death, and orderly structured distribution of property after death is very limited for all couples. Families should always take control of their planning and leave as little to state law interpretation as possible. That is best done through careful planning with experienced professionals who can intelligently guide the family through the process.

The Benefits of Estate Planning

Tue, 14 Apr 2026 14:48:36 GMT

Updated April 2026

By Thomas C. Walser, Florida Estate Planning Attorney (40+ Years of Experience)

While it may not be the first thing someone thinks about when considering end-of-life decisions, it’s extremely important to understand the benefits of estate planning, especially for those with valuable, taxable estates.

Not only can the benefits of estate planning provide you a secure financial position after death, but they can also help significantly during your life, to ensure that your assets are protected properly. Proper estate planning can even provide options to lower or eliminate estate taxes, and ease future generations from a number of financial burdens that coincide with the loss of a loved one. It is never an easy thing to consider, but understanding how and why you should talk to an estate planning attorney is key in correctly handling these decisions in the long run.

The Importance of Estate Planning

The importance of estate planning begins far before death, especially in unprecedented events that may inhibit you from making decisions for yourself. We understand that your estate is a reflection of years of hard work, and planning for the future well ahead of time can ensure that an unwarranted incident doesn’t create a burden for yourself, or for others.

Protecting family wealth establishes a safe, secure way for your assets to maintain their value during and after your lifetime. Financial success certainly comes with its negatives, as lawsuits and other schemes can jeopardize your hard-earned wealth. To avoid these uncertainties, a very common way to start is by creating a trust, so your wealth and assets can be placed into legally protected entities. This also allows you to remove your name from assets, and gives chances for insurance to provide funds for your estate and protect you from these legal challenges.

Revocable and Irrevocable Trusts

Setting up a trust can allow you to transfer assets to beneficiaries, help your estate avoid probate, and help plan for your own needs in the event of an emergency. These actions help you to dispose of wealth in the manner you wish, and this alone can save you and your loved ones from many financial burdens. Assets within these trusts become protected, and can even be used for charitable or philanthropic goals. The two trusts to consider are revocable vs. irrevocable, and both come with a variety of perks to help you.

Revocable Trusts

These trusts can help you avoid probate, but the IRS allows you to maintain control of the assets you place into said trust. You can revoke the entity and take back your assets at any time, remaining in control of what you put in and take out. This allows for leniency and security regarding your own decisions, but again, a number of situations can prevent you from making these decisions, which can be worrisome.

Irrevocable Trusts

Placing assets into an irrevocable trust is permanent. Someone else must become a trustee, and you relinquish ownership in doing so. If your assets are placed in an irrevocable trust, they don’t contribute to your taxable estate, so this is usually important when deciding how to disperse your assets among beneficiaries. If you have something valuable you wish to transfer to a beneficiary, an irrevocable trust can secure that transaction.

How to Start Estate Planning

If you are considering a plan for your estate, your best course is to contact a wealth advisor or an estate planning attorney, to correctly handle the eventualities of your future in a secure and professional way. There are many legal complexities in this process, and seeking advice shouldn’t be something to feel uncomfortable about doing. Professionals in the field are there to guide you, making sure that all decisions are mutually agreed upon.

Walser Law Firm

Our team at Walser Law Firm has been guiding individuals through the estate planning process for over 30 years. We dedicate our time to design plans that meet your unique goals, and help ensure a secure future for you and your loved ones. We understand that years of hard work shouldn’t be open to uncertainties, and we use our many years of expertise to create a plan that is tailored to your needs. If you wish to begin this planning process, or are unsure of any steps along the way, please contact us for any questions or inquiries about the estate planning process.

6 Common Probate issues

Tue, 14 Apr 2026 14:44:40 GMT

Updated April 2026

by Thomas C. Walser, Probate Attorney (40+ Years of Experience)

1. Arguments Between Family Members and/or Beneficiaries

When a family member passes away it can be a difficult time for those that he or she leaves behind. Not only must they cope with the physical loss of their loved one, but they must also undergo the emotional process of administering their estate. In instances where the decedent’s estate contains significant assets and complex family arrangements, unforeseen tensions and conflicts may arise among the beneficiaries. With proper estate planning in place before death, many familial issues can be proactively addressed.

An estate plan that incorporates a revocable trust and has assets correctly titled into the trust at the time of death, can avoid the probate process altogether and keep the administration out of the court system, saving beneficiaries time, legal fees and court costs. Without proper estate planning, if the decedent died with more than $75,000 of assets, the beneficiaries will be forced to conduct a formal probate administration, which in Florida requires the engagement of an attorney to supervise the process.

In a formal probate administration, the court will appoint a personal representative, aka executor, who will be authorized to do the following:

Act on behalf of the estate
Collect the assets
Handle creditor claims
Make distributions to the ultimate beneficiaries

While family members have preference to serve as personal representative, sometimes it can be beneficial to have an independent professional serve as the personal representative. One example of an independent professional serving as personal representative would be for the attorney to serve. Having the attorney serve in the role of fiduciary can reduce tension between family members by providing communication about the probate process and ensuring all assets are accounted for and handled properly. An attorney will presumably not hold any bias towards particular family members and will maintain a professional demeanor throughout the process, with the sole priority of enforcing the provisions of the Last Will, or in the case there is no Last Will, to distribute the assets according to Florida intestacy statutes.

2. The Person Named as Personal Representative, aka Executor, Not Accepting the Role

When a Last Will and Testament is created, a person should be identified to serve as executor of the estate. In Florida, the role of executor is referred to as personal representative. A personal representative or executor is essentially in charge of:

Collecting all probate assets
Serving notice on potential creditors
Distributing the assets according to decedent’s Will

While most people who are nominated as a potential executor will carry out their role, some will not want to assume the responsibility. If the named executor opts out, the court will have to appoint another person to administer the estate throughout the probate proceedings, which has the potential to create considerable delay in the probate process. The easiest way to proactively mitigate this situation is for the testator to name additional persons that should serve as personal representative, if the first named person chooses not to do so. These subsequently named persons are referred to as contingent nominated personal representatives. It is advisable that a Last Will identify at least two, if not three, possible persons that may serve in the role as the personal representative.

3. Assets in Multiple States

Geographic borders will have a substantial impact on the way assets are distributed after the death of a loved one. If your loved one lived in one state, but also owned real estate in another, you will most likely have to conduct a probate administration in each state.

Real estate is always governed by the laws of the state in which it is located. Some states allow family members to conduct probate administrations without hiring an attorney, while others will require you to engage an attorney in order to open the estate, such as Florida.

A typical example would be a snowbird who travels between Florida and New York and owns real estate in both locations. In order to avoid state death taxes and income taxes, the snowbird is most likely to consider Florida to be his or her domicile and the death certificate will identify a Florida address as the last residence of the decedent. In such a situation the initial probate must be conducted in Florida, which will be considered the domiciliary probate. The Florida proceeding will control all tangible personal property owned by the decedent, such as bank accounts, brokerage accounts, jewelry, and vehicles. The Florida proceedings will also control any real estate located in Florida. If the decedent owned real estate in New York, then a separate probate proceeding must be conducted in that state in order to sell or transfer that piece of property on behalf of the estate. The New York proceeding will be known as the ancillary probate proceeding and it will be filed in the country in which the real estate is located.

Having to conduct multiple probate proceedings in different states can create considerable delays and complications, so having an experienced probate attorney assist with the administrations is always advisable. Fortunately, the Walser Law Firm has attorneys licensed in New York, New Jersey and Florida so our law office can assist with property located in all of these states simultaneously. When one law office is able to handle all of the administrations it will save the beneficiaries time and money.

4. Accounting for Assets on the Estate Inventory

If you have never experienced the probate process, you may be surprised at how tedious the marshaling and accounting of estate assets can be. In Florida, the personal representative is required to submit an inventory of assets to the court within 60 days of the estate being opened, which is the date the “ Letters of Administration ” are issued by the judge. Frequently the decedent will have passed away without a will or any other estate planning and the location and value of the assets held at death will not be known to the beneficiaries. In situations in which the assets are unknown, the personal representative will often have to do some investigation to track down clues as to where assets might be located, such as looking through the decedent’s mail and requesting tax returns from the IRS. The personal representative can submit a rough estimate of assets on the initial inventory filed with the probate court and can amend that inventory as more information is gathered from various financial institutions.

Generally, a personal representative is permitted to give their own estimate as to what they think any particular asset of the estate is worth. In more complicated estates where there are multiple beneficiaries, or tax consequences, it is advisable for the personal representative to obtain professional appraisals of all assets. The values will be reported on the inventory which is filed with the probate court and subsequently served on all beneficiaries.

Each beneficiary has the right to inquire as to how the value of any asset was determined and to request a copy of the appraisals. An independent appraisal is also a way to document any step up in tax basis that was experienced at the date of death. When a person sells an asset, such as a piece of real estate or share of stock, they will be responsible for reporting the sale on their tax return and paying a capital gains tax that may be associated with the transaction. The capital gain is calculated by finding the difference between what the asset was originally purchased for and what the asset eventually sold for. Capital gains are treated differently at death being that upon the death a loved one, any assets that were held in the name of the decedent are automatically reassigned a new tax basis according to the date of death value of the property. This process is referred to as a “step up in basis” and is utilized to avoid significant tax liability that would normally occur if the asset had been sold during the lifetime of the original owner. Since these capital gains taxes can represent significant savings, and in an effort to avoid questions from the IRS, an independent professional appraisal of the date of death values of the property is recommended.

5. Different Intentions Concerning the Decedent’s Residence or Other Real Estate

What will be done with the real estate owned by a decedent is often a point of contention between family members. The easiest way to proactively handle this situation is for the Last Will & Testament to clarify what is to be done with the property.

Assuming the decedent passed away without a Will, the estate will be probated according to Florida intestacy statutes. Intestate beneficiaries will often disagree as to whether they should sell the property and distribute the cash evenly, rent out the property, or keep the property and let a family member live there. These issues will have serious ramifications on how the probate process will proceed, since the sale of real property will most likely require the services of a realtor as well as require orders from the probate court authorizing the sale to a potential purchaser.

In Florida, there is the additional complication of homestead status, which means the real estate is creditor protected and creates restrictions on how the property can be transferred. Homestead property must be handled properly with the probate court in order to successfully clear title.

Therefore, it is important that before entering probate, that the beneficiaries decide whether the real property will be kept or sold. Without an agreement as to how to handle the real estate, probate can be unnecessarily delayed. In cases of disagreement, it is often easiest to sell the real estate and split the proceeds among the beneficiaries.

6. Mistakes Made from Going It Alone

Many families and individuals who are going through the probate process for the first time instinctively assume they can handle the court proceedings themselves. Although some probate attorney fees may be more than you are willing to pay, probate attorneys are experts in this area of law and understand all issues and concerns that may arise.

A common scenario is one in which the family starts the probate process on their own, mistakes are made with the pleadings submitted to the court and the judge refuses to sign the orders requiring the family to subsequently hire an attorney to fix the problem. Hiring an attorney from the start will lessen the time it takes to complete the probate process because the attorney will not be required

If you have questions regarding a loved one’s probate, it is important to seek the advice of an experienced probate attorney. The highly skilled Florida probate attorneys at the Walser Law Firm are happy to assist you with all your probate needs. Call our Florida office at (561) 750-1040 to schedule a consultation today, or fill out our contact form .

What Happens If You Die Without A Will In Florida?

Tue, 14 Apr 2026 14:10:21 GMT

Updated April 2026

by Thomas C. Walser, Estate Planning Attorney (40+ Years of Experience)

Dying without a Last Will & Testament will result in your estate passing via intestacy, which simply means that your assets will be allocated to surviving relatives according to the guidelines laid out in Florida intestacy statutes. Every state passes an intestate statute which serves as a default distribution scheme to certain relatives based on how the legislature believes the majority of people would like their assets to pass. For example, most people would want their current spouse and any biological or adopted children to receive a portion of their estate, so those parties almost always have priority under intestate statutes.

What Assets Will Be Included in the Estate?

Any assets that are titled in the sole name of the person that passes away, also referred to as the decedent, will fall into their estate and will be subject to the intestate distribution. This would not include property that is held jointly with other parties such as your spouse, nor does it include assets which have a designated beneficiary, such as many brokerage accounts or IRAs. There are many assets that are typically not included in a decedent’s probate estate, such as the following:

Property titled in the name of a revocable trust
Life insurance proceeds
Funds in a IRA, 401(k), or other retirement account
Securities held in transfer-on-death account
Payable-on-death bank accounts
Property you own with someone else in joint tenancy or tenancy by entirety

At death, these above mentioned assets will pass to any co-owners or to the designated beneficiaries named on the account, and as such are not included as part of the decedent’s estate. Joint ownership and designated beneficiaries have priority above any provisions within estate planning documents, such as a Will or Trust because such documents only control assets that fall into the estate.

Who Gets What?

Intestate succession will depend on which family members are alive at the time of your death. Below is a quick overview of how your assets may pass:

If you have children, but no spouse, your children inherit everything
If you have a spouse, but no children, your spouse inherits everything
If you have a spouse and children from you and that spouse, and no children from outside the marriage, your spouse inherits everything
If you have a spouse and children from you and that spouse, but you also have children from another relationship, your spouse will inherit half of your intestate property and all of your children will equally share the remaining half. Your spouse’s children will not inherit.
If you have parents but no spouse or children, your parents inherit everything
If you have siblings but no spouse, children, or parents, your siblings will inherit everything

Do Adopted Children or Step-Children Inherit via Intestacy?

In order for your children to inherit your assets through intestate succession, Florida must legally recognize them as your children. In regard to the FL intestate statute, adopted children are treated exactly the same as biological children. Children who have been legally adopted will always be entitled to receive an intestate share from the estate of the person who adopted them. One important distinction for estate planning purposes is that if you have step-children, which have not been legally adopted by you, they will not automatically inherit under intestate succession laws. If you desire to have your step children inherit from your estate, it is important that you execute a Last Will & Testament which names them as beneficiaries.

Sometimes determining who is qualified to inherit as a child of a decedent can be complicated. For example, if you have a posthumous child, a child conceived by you but born after your death, that child will typically have standing to inherit. Another common scenario includes non-marital children, in which the decedent was not married to the mother of the child at the time of their birth. The Florida Probate Code requires that one of the three following elements be met in order to substantiate that a certain child should have standing to inherit via intestacy from the father’s estate, which include:

1. The natural parents participated in a marriage ceremony before or after the birth of the person born out of wedlock, even though the attempted marriage is void.

2. The paternity of the father is established by an adjudication before or after the death of the father.

3. The paternity of the father is acknowledged in writing by the father.

Will One Child Receive More Than the Other?

Florida follows a method of distributing a decedent’s estate known as “ per stirpes. ” The basic concept is that each descendant on the same generational level will inherit an equal share of the decedent’s estate, and any descendants on a younger generational level that have predeceased parents, will inherit their parent’s intended share. For example, assume that the decedent had no spouse, but had two children, a son, Alex, and a daughter, Betty. Alex had one child, Chuck, and Betty had two children, Damien and Ellie. Upon the decedent’s death:

Alex and Betty are both alive. Therefore, they split the estate equally and both receive 50%.

o Alex-50%; Betty-50%

If Betty dies before the decedent, then her children will receive her portion of the estate. Alex will still receive 50%, while Betty’s children will each receive 25%.

o Alex-50%; Damien-25%; Ellie-25%

If both Alex and Betty died before the decedent, then Chuck would get Alex’s’ 50% share and Betty’s children would get her 50% share.

o Chuck-50%; Damien 25%; Ellie 25%

If you have questions regarding the intestacy laws pertaining to a loved one’s estate, it is important to seek the advice of an experienced probate attorney. The highly skilled Florida probate attorneys at Walser Law Firm can assist you with all your probate needs.

Call our Florida office at (561) 750-1 04 0 to schedule a consultation today, or fill out our contact form.

Estate Planning Checklist

Wed, 17 Dec 2025 19:54:58 GMT

Estate Planning Checklist: A Florida Attorney's Guide to Protecting Your Family and Assets

Estate planning is the process of organizing your assets, legal documents, and healthcare decisions so your wishes are carried out if you become incapacitated or pass away, while also protecting your family from unnecessary legal and financial complications. This checklist walks through the key steps involved, including creating wills and trusts, choosing executors and guardians, updating beneficiary designations, preparing powers of attorney and healthcare directives, and planning for probate, taxes, long-term care, and special family circumstances.

I f you own a home or other assets in Florida, having an estate plan is not optional—it is essential. After more than 40 years practicing probate and estate planning , I’ve seen firsthand what happens when families plan properly—and what happens when they don’t.

As an attorney, former CPA, and holder of a Master’s in Estate Planning, I approach estate planning from both a legal and financial perspective. This checklist is designed to help you understand what an effective estate plan should include and why each step matters.

1. Create or Update Your Will

A will allows you to:

Name who inherits your assets
Appoint a personal representative
Name guardians for minor children

However, a common misconception is that a will avoids probate. It does not. If you have to read the will to determine who receives an asset, that asset must go through probate to be legally transferred.

Real-World Insight

I often meet families who believe bringing a will to the bank is enough. It isn’t. Only the probate court can accept a will and issue Letters of Administration , which authorize asset transfers.

2. Consider a Revocable Living Trust

One of the most effective estate planning tools is a revocable trust. When properly funded, a trust:

Avoids probate
Reduces delays and court costs
Provides privacy

Case Example

Many Florida retirees own multiple properties or investment accounts. Without a trust, heirs may face formal or even ancillary probate proceedings. A properly funded trust can eliminate those complications entirely.

3. Review How Your Assets Are Titled

Asset titling determines whether probate is required:

Individually owned assets typically require probate
Joint ownership with rights of survivorship avoids probate
Trust-owned assets bypass probate

Professional Tip

I’ve handled countless cases where estate plans failed simply because assets were never retitled into the trust. An estate plan is only effective if your assets are aligned with it.

4. Add Beneficiaries to Financial Accounts

Bank accounts, retirement accounts, and brokerage accounts can often pass directly to heirs by naming beneficiaries.

This step:

Avoids probate
Speeds up distribution
Reduces legal costs

Common Mistake

Failing to update beneficiary designations after a divorce or remarriage is one of the most common—and costly—errors I see in the administration of estates after death.

5. Plan for Real Estate Transfers

Real estate often creates the biggest probate delays.

Options include:

Transferring property in a revocable trust
Adding heirs as remaindermen through a quitclaim deed or ladybird deed

Real-Life Scenario

If real estate does not have a co-owner with rights of survivorship or it is not held in name of trust, probate is required before ownership can transfer—even if there is a will.

6. Prepare for Blended Families and Second Marriages

Second marriages and stepchildren often lead to disputes if planning is unclear.

An effective estate plan should:

Clearly define who receives what
Address how property will be sold or retained
Prevent conflicts over personal property like jewelry or family heirlooms
Establish who makes medical and long-term care decisions.

Experience Matters

I’ve handled many contested estates where disagreements among second spouse, children, or stepchildren led to lengthy and expensive litigation—often entirely avoidable with proper planning.

7. Plan for Incapacity, Not Just Death

Estate planning is not just about what happens when you die. It should also address incapacity.

Your plan should include:

Durable powers of attorney
Health care directives

These documents allow trusted individuals to manage finances and medical decisions if you become ill or incapacitated.

8. Understand Probate Timelines and Costs

Probate is not quick. In Florida, it typically takes 6–12 months , and longer if disputes arise.

Understanding this reality is critical when deciding whether to:

Rely solely on a will
Use trusts and beneficiary designations to minimize probate

9. Review and Update Your Plan Regularly

Life changes—your estate plan should too.

Update your plan after:

Marriage or divorce
Birth of children or grandchildren
Buying or selling real estate
Changes in tax or probate laws
Increase or decrease in wealth

10. Work With an Experienced Estate Planning Attorney

Estate planning is not a one-size-fits-all process. After more than four decades handling formal administration, summary administration, ancillary probate, and contested estates , I’ve seen how small planning mistakes can create major problems for families.

Whether you:

Have no estate plan
Have outdated documents
Recently lost a loved one

Working with an experienced estate planning and probate attorney can save your family time, money, and emotional stress.

Final Thoughts

An effective estate plan protects your family, preserves your assets, and minimizes probate delays and costs. The best time to plan is before illness or death, when you can make thoughtful, informed decisions.

If you are a Florida retiree who owns a home, other real estate, or has saved money for retirement, I encourage you to schedule a review of your current estate plan—or create one if none exists. Proper planning today can prevent unnecessary probate challenges tomorrow.

Estate Planning Checklist: A Florida Attorney's Guide to Protecting Your Family and Assets

1. Create or Update Your Will

A will allows you to:

Name who inherits your assets
Appoint a personal representative
Name guardians for minor children

Real-World Insight

I often meet families who believe bringing a will to the bank is enough. It isn’t. Only the probate court can accept a will and issue Letters of Administration , which authorize asset transfers.

2. Consider a Revocable Living Trust

One of the most effective estate planning tools is a revocable trust. When properly funded, a trust:

Avoids probate
Reduces delays and court costs
Provides privacy

Case Example

3. Review How Your Assets Are Titled

Asset titling determines whether probate is required:

Individually owned assets typically require probate
Joint ownership with rights of survivorship avoids probate
Trust-owned assets bypass probate

Professional Tip

I’ve handled countless cases where estate plans failed simply because assets were never retitled into the trust. An estate plan is only effective if your assets are aligned with it.

4. Add Beneficiaries to Financial Accounts

Bank accounts, retirement accounts, and brokerage accounts can often pass directly to heirs by naming beneficiaries.

This step:

Avoids probate
Speeds up distribution
Reduces legal costs

Common Mistake

Failing to update beneficiary designations after a divorce or remarriage is one of the most common—and costly—errors I see in the administration of estates after death.

5. Plan for Real Estate Transfers

Real estate often creates the biggest probate delays.

Options include:

Transferring property in a revocable trust
Adding heirs as remaindermen through a quitclaim deed or ladybird deed

Real-Life Scenario

If real estate does not have a co-owner with rights of survivorship or it is not held in name of trust, probate is required before ownership can transfer—even if there is a will.

6. Prepare for Blended Families and Second Marriages

Second marriages and stepchildren often lead to disputes if planning is unclear.

An effective estate plan should:

Clearly define who receives what
Address how property will be sold or retained
Prevent conflicts over personal property like jewelry or family heirlooms
Establish who makes medical and long-term care decisions.

Experience Matters

I’ve handled many contested estates where disagreements among second spouse, children, or stepchildren led to lengthy and expensive litigation—often entirely avoidable with proper planning.

7. Plan for Incapacity, Not Just Death

Estate planning is not just about what happens when you die. It should also address incapacity.

Your plan should include:

Durable powers of attorney
Health care directives

These documents allow trusted individuals to manage finances and medical decisions if you become ill or incapacitated.

8. Understand Probate Timelines and Costs

Probate is not quick. In Florida, it typically takes 6–12 months , and longer if disputes arise.

Understanding this reality is critical when deciding whether to:

Rely solely on a will
Use trusts and beneficiary designations to minimize probate

9. Review and Update Your Plan Regularly

Life changes—your estate plan should too.

Update your plan after:

Marriage or divorce
Birth of children or grandchildren
Buying or selling real estate
Changes in tax or probate laws
Increase or decrease in wealth

10. Work With an Experienced Estate Planning Attorney

Whether you:

Have no estate plan
Have outdated documents
Recently lost a loved one

Working with an experienced estate planning and probate attorney can save your family time, money, and emotional stress.

Final Thoughts

What Are the Types of Probate?

Mon, 15 Dec 2025 22:12:52 GMT

Updated December 2025

by Thomas C. Walser, Probate Attorney (40+ Years of Experience)

When a loved one passes away, one of the first questions families ask is “What type of probate is required?” The answer depends on the assets involved, how they are titled, whether there is a will, and whether the heirs agree.

As an attorney with more than 40 years of probate experience, a former CPA, and a professional holding a Master’s in Estate Planning, I have handled every type of probate case in Florida—from straightforward estates to highly contested matters involving blended families, real estate, and multiple jurisdictions. Below is a clear explanation of the main types of probate and when each applies.

Formal Administration

Formal administration is the most common type of probate in Florida and is required when:

The estate value exceeds Florida’s summary administration threshold, or
There are disputes among heirs or creditors, or
Complex assets such as real estate or business interests are involved\

In formal administration, the probate court:

Validates the will
Appoints a personal representative
Issues Letters of Administration , which authorize the representative to collect, manage, and distribute assets

Real-Life Example

I frequently see heirs bring a will to a bank expecting access to accounts. The bank refuses—not because the will is invalid, but because only the probate court can issue Letters of Administration. Without those letters, financial institutions cannot legally release assets.

Formal administration typically takes 6 to 12 months, and longer if disputes arise.

Summary Administration

Summary Administration is a shorter, simplified probate process available when:

The estate qualifies under Florida law, and
The estate is relatively straightforward with minimal disputes

While summary administration can save time and money, it is not appropriate for every estate. Creditors, real estate ownership, and asset titling must be carefully reviewed before choosing this option.

Professional Insight

Many people assume summary administration is “easy probate.” In practice, mistakes here can cause significant delays or even require reopening the estate. My background as both a CPA and estate planning attorney allows me to spot financial and legal issues before they become costly problems.

Ancillary Probate

Ancillary probate is required when a Florida resident owns property outside of Florida, or when a non-Florida resident owns real estate in Florida.

This type of probate works alongside the primary probate case in another state and focuses solely on the out-of-state property.

Common Scenario

I often handle ancillary probate cases involving Florida retirees who own vacation homes or investment properties in other states. Without proper planning, heirs are forced into multiple probate proceedings, increasing time, legal fees, and stress.

Contested Probate

A probate becomes contested when heirs or interested parties disagree about:

The validity of the will
Who should serve as personal representative
How assets should be divided

Contested probates are common in:

Second marriages
Blended families with stepchildren
Situations where personal property, jewelry, or real estate distributions are disputed

Case Insight

I’ve seen families torn apart when children cannot agree on paying funeral expenses, dividing personal property, or deciding whether to sell the family home. These disputes can turn a routine probate into a lengthy court battle without experienced legal guidance.

Why the Type of Probate Matters

Choosing—or being forced into—the wrong type of probate can:

Delay asset distribution
Increase legal and court costs
Create unnecessary family conflict

This is why proper planning is critical. If you have to read the will to determine who receives an asset, probate is required to transfer that asset legally. Understanding this concept helps families avoid surprises after a loved one passes.

How to Avoid or Simplify Probate

In my practice, I regularly help clients reduce or eliminate probate through proactive estate planning :

Revocable trusts that hold assets outside of probate
Beneficiary designations on bank and brokerage accounts
Quitclaim deeds adding heirs as remaindermen for real estate

These strategies can dramatically reduce delays, expenses, and emotional stress for surviving family members.

Who Should Be Paying Attention to This?

If you are a Florida retiree who owns a home, vacation property, or investment real estate, probate planning is essential. Many people mistakenly believe having a will alone avoids probate—it does not.

Whether you need to:

Update an existing estate plan
Create a plan for the first time
Handle probate after a loved one’s passing

Working with an experienced probate attorney ensures your family is protected and your wishes are carried out properly.

Final Thoughts

After more than four decades of handling every type of probate case in Florida, I can confidently say this: the right planning today can spare your family months—or years—of legal frustration tomorrow.

If you would like to review or update your estate plan, or if your family needs guidance through the probate process, I encourage you to contact my office . Proper planning brings peace of mind—both for you and for those you love.

Florida Estate Law: What To Know About Estate Planning in the Sunshine State

Sun, 07 Dec 2025 21:05:17 GMT

Updated December 2025

by Thomas C. Walser, Estate Planning Attorney (40+ Years of Experience )

For those unfamiliar with Florida estate law, there can be the assumption that “estate planning” is reserved for those who own a large gated property. Legally, however, an estate plan is nothing more than a set of legal documents that outline your wishes for the distribution of your assets after your death.

Estate plans are critical for anyone who wishes to control and protect their assets when they’re no longer able to do so. Working with an experienced estate planning attorney to prepare a will, trust, and other legal documents can ensure that your estate plan is tailored to your individual needs and goals.

With that in mind, let’s take a closer look at what an estate plan entails, the benefits of estate planning in Florida, and how partnering with a law firm well-versed in the intricacies of Florida estate tax laws will make sure that your wishes are met.

Florida Estate Tax Laws and Estate Planning Explained

Florida estate tax laws are some of the most liberal in the country, with many folks moving to the Sunshine State to take advantage of the friendly estate laws. As we mentioned above, an estate plan is simply the legal documents you’ll need to make sure all of your assets are distributed per your wishes after your death.

What is included in an estate plan

Will

The most common part of an estate plan is the will, which in Florida is known as the Last Will and Testament. This document will legally declare such information as who the executor of the estate will be, who the beneficiaries are, how the assets will be distributed, and the names of guardians in the case of minor children.

Trust

A trust is a fiduciary arrangement that allows for a third party (trustee) to hold property and other assets for the beneficiary both during their lifetime and after. Most trusts are revocable, meaning they can be modified at any time by the person establishing the trust (for more on how to dissolve a revocable trust click here ). Florida trust laws require trusts to be drafted by a licensed attorney, and doing so will help you and your beneficiaries avoid any expensive legal issues down the road.

Here is more information on Wills vs. Trusts!

Power of attorney

A power of attorney gives legal authority to a trusted individual who can make decisions and act on your behalf if and when you are no longer physically able to do so. Depending on the language of the legal document, this could entail legal, financial, and medical decision-making powers.

Other documents

Every individual situation is different, and it’s possible you’ll need an estate planning attorney to draw up other legal documents to protect your assets, such as Florida’s homestead exemption, spousal property ownership splits, and healthcare directives.

Benefits of Estate Planning in Florida

Considering the liberality of Florida estate law, it’s not difficult to see the many benefits of having an estate plan. Not only will you be able to make important decisions about your future and protect your hard-earned assets during your own lifetime, but it will also allow you to provide for your dependents after your death. In the end, making an estate plan will save you time, money, and excessive stress for both you and your loved ones.

Hire An Experienced Estate Planning Attorney

There are inevitably going to be estate planning costs when you hire a seasoned lawyer who’s an expert in Florida estate tax laws and Florida trust laws. But the benefits and security offered— specifically, tailoring your documents to your needs and ensuring that the estate plan is properly executed—will be well worth the investment in the long run.

Estate planning is an important process that everyone should consider, regardless of age or wealth. By working with an experienced estate planning attorney, you can ensure that your wishes are carried out and your loved ones are protected. The Walser Law Firm is dedicated to helping clients throughout Florida create customized estate plans that meet their needs and goals. Contact us now !

What Is Probate?

Sun, 07 Dec 2025 20:24:14 GMT

Updated December 2025

by Thomas C. Walser, Probate Attorney (40+ Years of Experience)

If you’re a Florida homeowner or retiree, understanding probate is essential—whether you’re planning for the future or handling the estate of a loved one. With over 40 years of experience in probate and estate planning, a background as a CPA, and a Master’s in Estate Planning, I’ve guided families through every type of probate case: from simple formal administration to complex contested estates involving multiple heirs and properties. Here’s what you need to know.

Probate Explained in Plain Language

Probate is the legal process that determines who inherits a deceased person’s assets and ensures those assets are legally transferred to the rightful heirs.

A helpful analogy I use with clients: if you have to read the will to figure out who receives an asset, that asset must go through probate. Probate gives the legal authority to transfer assets like bank accounts, investments, and real estate to the heirs named in the will. Without it, the transfer cannot happen, no matter what the document says.

"What is the Probate Process?"- Click here

"What are the Types of Probate?"- Click here

Common Misunderstandings About Probate

Two misconceptions I see all the time:

• “The bank will accept the will.”

Banks and financial institutions cannot act on a will alone. They require Letters of Administration from the probate court. These letters authorize the personal representative to manage, collect, and distribute the decedent’s assets legally.

• “Probate is quick and simple.”

In reality, probate involves multiple legal steps, court filings, notifications to heirs and creditors, and administrative tasks. In Florida, it generally takes 6–12 months , and longer if there are disputes, multiple heirs, or comp lex assets.

Real-Life Examples: Why Probate Matters

I often see heirs try to take a will directly to a bank, expecting access to accounts. The bank refuses— only the probate court can validate the will and issue the necessary authority.

The same applies to real estate. If a property doesn’t have a co-owner with rights of survivorship, probate is required before the deed can legally transfer to the heir. Without probate, the rightful heir cannot claim ownership, even if they are named in the will.

Challenges That Arise in Probate

Probate can become complicated when family members disagree :

• Children may argue about paying final expenses or dividing personal property like jewelry.

• Second marriages and blended families can introduce disagreements about selling or distributing assets.

• Contested estates may involve disputes over the will or asset ownership.

With decades of experience in formal administration, summary administration, ancillary probate, and contested estates, I’ve helped families navigate these challenges efficiently and fairly.

"6 Common Probate Issues"- Click here

How to Minimize Probate Problems

The best way to reduce delays, costs, and stress is proactive planning:

• Revocable Trusts: Transferring assets into a trust can bypass probate entirely.

• Beneficiary Designations: Adding heirs to bank and brokerage accounts ensures a smooth transition.

• Real Estate Planning : Executing a quitclaim deed that names heirs as remaindermen allows property to transfer without court involvement.

Proper planning ensures your family avoids unnecessary stress and expenses after your passing.

Who Should Care About Probate?

If you’re a Florida retiree with homes, vacation properties, or other real estate, probate is likely relevant to you. Many people underestimate how probate works and assume their heirs can simply inherit assets without court involvement.

Even if you already have a will, probate may still be required. If you don’t have an estate plan , now is the time to create one. For families who recently lost a loved one without proper documents, contacting a probate attorney is essential to guide the family with clarity, compassion, and legal precision.

Take Action Today

Probate doesn’t have to be overwhelming. With the right guidance, your estate can be managed smoothly, efficiently, and according to your wishes.

• Update or create an estate plan to protect your assets.

• Consider trusts and proper titling to reduce probate costs.

• Consult a probate attorney if a loved one passed without an estate plan.

With proper planning, you can ensure your family is protected and your legacy is preserved.

Contact us now!

How Long Does An Executor Have to Settle An Estate In Florida?

Fri, 30 Sep 2022 05:18:00 GMT

To answer the question, “how long does an executor have to settle an estate in Florida?” an individual should be aware of a number of facets of the state’s probate process. An executor’s time to settle an estate varies considerably depending on assets, and there are multiple ways of achieving this process. To better understand the probate laws in Florida, let’s review the Florida executor requirements and essential deadlines a person should be familiar with when settling a loved one’s estate.

How to Become Executor of Estate in Florida

The legal requirements for becoming an executor in Florida are relatively straightforward. To meet the Florida executor requirements, an estate executor, known as a personal representative, must be at least 18 years of age, have no felony convictions, and be considered mentally and physically capable of carrying out their responsibilities. Other requirements maintain that individuals can only act as personal representatives if they’re related to the estate holder by either blood, marriage, or adoption.

To become an executor in Florida, you must file an Application for Administration for an intestate estate. Florida law also requires an applicant to seek a qualified attorney who can complete and submit the application. This application is then submitted to the Probate Division for the Circuit Court in the proper county.

Executor Fees

Florida executor fees are based on the value of the estate. If the estate value is $1 million or less, your fee is 3% of the estate assets. If the estate value is between $1 million and $5 million, your fee is 2.5% of the estate assets. If the estate value is between $5 million and $10 million, your Florida executor fees are 2% of the estate assets.

Timeline of the Florida Probate Process

The Florida Probate Process timeline differs by the type of probate filed within the state. There are two main types in Florida: a formal probate administration and an informal (or summary) probate administration. There is also a disposition without administration, but these are available in very few circumstances.

To more easily break it down, here is a simple list of steps and events that one should undergo directly after the estate owner’s death:

Walser Law Firm

Due to the complexity of the Florida probate process and Florida executor requirements, it is highly advised to hire an estate attorney to guide you through every step of the process. Walser Law Firm has been guiding Florida residents through probate for over 30 years. We cover everything from estate planning, elder law, probate administration, and trust administration.

If you need an experienced and reputable elder law attorney, contact us today to learn more about our services or schedule a consultation.

What You Should Know About Medicaid Planning

Thu, 04 Aug 2022 13:08:00 GMT

Updated August 2022

by Thomas C. Walser, Estate Planning Attorney (40+ Years of Experience)

Due to the complexity of the Medicaid application and eligibility process, it can be quite a challenge to get started on your Medicaid planning . Since these programs differ greatly between states, the body of rules, regulations, and requirements that govern them change often. For this reason, numerous Medicaid planning services exist to help individuals with various complications and financial circumstances that arise during the application process.

To help you better navigate this convoluted domain, we’re sharing some basic knowledge about Medicaid planning to explain why and when an individual might need these services.

What Are Medicaid Planning Services ?

Medicaid planning refers to any assistance provided to a potential Medicaid applicant in preparation for their Medicaid application. This can be as simple as assistance with the collection and preparation of documents, or as complicated as a complete restructuring of one’s financial assets. While everyone’s situation and assets are entirely different, some primary reasons why an individual would consider using Medicaid planning services include:

When Does An Individual Need Medicaid Planning Assistance ?

In many states, the most pertinent Medicaid eligibility factor is the value of one’s countable assets, with the limit being approximately $2,000 for a single applicant. If an individual has less than $2,000 in countable assets, Medicaid planning assistance may not be needed at all. Further, if an applicant has countable assets between $2,000 and $15,000 (or $30,000 if married), they can probably avoid using a Medicaid planning advisor, and instead look into self-planning.

Various family situations can also impact the need for a Medicaid advisor to help with your assets. These can include situations like:

The Cost of Medicaid Planning Services

Those looking to get started with Medicaid planning assistance can expect to see fees ranging from $3,000-$15,000, depending on the state and other factors. This is typically related to the amount of income and assets an individual has, as well as other complicating factors like marital status, home ownership, life insurance, veteran benefits, etc. Another aspect to take into consideration is what type of service provider you’re using for your Medicaid advisor , be it an elder law attorney, eldercare financial planner, insurance agent, or other providers, as this can affect the cost.

The Medicaid Planning Process

Most Medicaid planning assistance providers will begin with a free consultation to go over your assets, health status, family situation, and other facets that will go into your application and eligibility determination. They will establish the likelihood of success, and examine all of your information to determine whether to accept you as a client, as well as generate a cost estimate.

As an elder law attorney in Florida, Walser Law Firm has been assisting Florida seniors with life and estate planning for more than 30 years, with a team of lawyers who can help you plan for your future health and life needs. Contact us today to learn more about our practices , or to schedule a consultation for your Medicaid planning needs.

Second Marriage Financial Advice

Thu, 21 Jul 2022 08:06:00 GMT

Updated July 2022

by Thomas Walser, Estate Planning Attorney (40+ Years of Experience)

Matrimony is always a cause for celebration, but for those who are entering their second marriage, financial advice for your estate planning can help you avoid a mess of problems later on. Individuals who remarry following a separation often have children and other dependents who are eligible to receive benefits and assets. With proper estate planning, you can itemize assets and assign them to the correct beneficiaries, who will receive them upon your death. This can help save your family from the arduous and emotionally draining task of dividing assets in the absence of a will, or estate.

While a second marriage can feel like a fresh start, it’s important to understand how joining your life with another, while also planning for your biological children, can impact your overall financial plan for dependents from your first marriage. Since this scenario is experienced quite commonly, let’s take a look at the complexities of estate planning for second marriages.

Key Considerations For Estate Planning and Second Marriages

There are multiple aspects to consider when estate planning for a second marriage, and you and your new spouse should have a very distinct and clear understanding of both financial sides before starting the planning process. Some key things to consider when evaluating you and your spouse’s assets include:

By considering these questions and thoroughly covering all areas of your finances, both you and your spouse can gain an insight into what needs planning, what doesn’t, and what the best course of action to take will be. These considerations can also help determine whether or not you both wish to sign a prenuptial agreement to protect individual assets. These are often advised for second marriages, especially when certain assets may already be set aside for beneficiaries in a will or living trust.

What is Fair in a Second Marriage and Estate Planning?

In Florida, state law has provisions designed to protect a surviving spouse or second spouse, which override the terms of a person’s estate planning documents ( wills, trusts ). If you are in a second marriage and wish to protect your assets, children’s inheritance, or any other aspects of an estate, these laws must be addressed in your new second marriage financial planning documents.

How Does the Estate Work in a Second Marriage?

In the state of Florida, the Elective Share law dictates that a surviving spouse is entitled to at least 30% of a deceased spouse’s estate. This can mean anything from property owned individually by the deceased spouse, a revocable trust, or any share of property owned jointly with another person. Under the Elective Share law, the surviving spouse can elect to claim his or her right to this share. To maneuver around this state law, many turn to a premarital agreement. The purpose of this document is for you and your new spouse to waive your rights to an elective share, and other rights created by marriage. However, you can choose to waive some of your rights, which often requires the need of an estate planning service or advisor.

Tips For Estate Planning and Second Marriages

Consider speaking with a professional estate law advisor to cover all details regarding both spouses’ estates. From beneficiary designations, to bank accounts, retirement accounts, property, and other assets, an advisor can create a clear path for you and your spouse while also indicating any gaps in your second marriage financial planning portfolio.

Trusts can also be incredibly beneficial to both sides of a second marriage. Marital trusts, which only come into effect when a spouse dies, can make a huge difference in assuring that all assets are designated properly to both sides, while living trusts can benefit an individual and their rights as well.

Are you in need of a second marriage financial planning advisor? When you work with a Florida estate planning attorney from Walser Law Firm , you work with an expert who understands that your estate is a reflection of years of hard work, careful planning, and good decisions. Contact us toda y for any questions or comments regarding our practices , or to schedule a consultation.

What Are Letters of Administration?

Thu, 23 Jun 2022 03:54:00 GMT

Updated June 2022

by Thomas C. Walser, Estate Planning Attorney (40+ Years of Experience)

When someone dies and does not leave a will, a letter of administration (or letters testamentary) is used to legally permit a person with the power to become administrator of the deceased’s estate. When this happens, the chosen individual (who is usually a close family member or friend), takes on the responsibility of sorting out all the money, property and assets left behind by the decedent. Still, many probate laws vary between states, and the means for receiving a letter of administration can be a lot to handle, especially in a time of loss. Here’s a closer look at the process, requirements, and legal purpose of letters of administration to help with clarification.

Grant of Letters of Administration

A grant of letters of administration is an official court document that proves an individual has the authority and is responsible enough to handle a decedent’s estate. It grants the individual the right to become administrator of the estate, which gives them various permissions such as:

A grant of letters of administration differs from a probate letter, or grant of probate, in that in the latter instance, the deceased individual has provided a will. However, a letter of testamentary may still be required in some cases, such as if the will is invalid — if no executors are named in the will — or if the executor named in the will is unable to carry out their responsibilities.

An administrator of an estate also slightly differs from an executor. Both roles are meant to distribute assets and property, but in the case of administrators, intestacy laws decide what is given to beneficiaries.

Who Can Be an Administrator of an Estate?

When a deceased individual does not provide a will, the role of administrator will usually go to the closest family member, whether it’s a next-of-kin, spouse, or other significant relatives. The standard procedure generally goes from the spouse (if the decedent was married or in a civil partnership) → children → parents → siblings → other relatives (aunts, uncles, cousins, grandparents).

Once an individual has been to handle the estate, they have every right to hire a professional to help them in various aspects of the probate and administrative processes. Estate administration services can help in situations such as:

How to Get Letters of Administration

In order to receive a grant of letters of administration, an individual must retain an attorney in order to submit an application to the probate registry. Individuals may not file an application on their own.

For those considering a service, some things to take into consideration when speaking to your probate solicitor include:

Walser Law Firm

If you’re in need of an estate administration service to help you receive a grant of letters of administration, contact Walser Law Firm to get started. Our Florida probate law firm has been providing trust and estate legal services to the Palm Beach County community for more than 30 years. Explore our detailed and professional estate planning services and contact us today to learn more.

What Are Estate Taxes?

Thu, 12 May 2022 13:52:00 GMT

Updated May 2022

by Thomas C. Walser, Estate Planning Attorney (40+ Years of Experience)

You might think it a strange practice to tax an individual’s right to distribute their own property after passing, but estate taxes constitute an important part of the process, and it’s something you should absolutely understand if only to ensure the right amount of tax is being levied.

Estate taxes are one of the oldest forms of taxation on the books. But, you might not be aware of them if you haven’t dealt with a situation where this sort of tax applies. In a process that can already prove complex or lengthy, knowing the specifics of estate taxes, including what they are, who’s responsible for paying them, and the difference between estate taxes and inheritance taxes, is paramount.

Below, we’ll take a more granular look at the estate taxes and their greater role in the distribution process of an estate.

What Are Estate Taxes?

Estate taxes are a tax levied on an individual’s assets after their death. This is a federal tax, and only applies to estates of a certain size ($12.06 million or more in 2022; up from $11.7 million in 2021). For married couples, that amount is doubled.

Because the amount is so high, the estates of most people will not be liable to a federal estate tax upon death. And while some states have their own estate taxes, they too are only levied on large estates and do not impact a majority of Americans.

Estate Tax Rates

In instances where estate taxes do apply, rates vary based on the total taxable amount. This amount is calculated as the total assets an individual possesses above the $12.06 million threshold. The more money a person has above that amount, the more money the estate tax will apply to—and the higher estate tax rates they’ll pay.

The lowest estate tax rate is 18% for estates that are $0 to $10,000 above the threshold. The highest is a 40% tax rate for estates that are $1,000,001+ above the threshold, plus a base rate payment of $345,800. If you are subject to estate tax, an estate attorney will be able to let you know what your exact rate is and whether you will also owe a base rate payment.

Who Pays Estate Taxes?

As covered in the “what are estate taxes?” section above, only the wealthiest Americans pay estate taxes. In instances where there is a surviving spouse, the estate will be fully transferred to them without any estate taxes levied. When the spouse dies is when estate taxes will be taken out, even if the estate is then transferred to his or her children.

Estate vs. Inheritance Tax

Estate tax and inheritance tax are two terms that often get confused, but there is a notable difference between them.

While estate tax is a percentage of wealth removed from a deceased person’s estate, an inheritance tax is an amount that an individual owes for inheriting someone else’s wealth. Similar to with estate taxes, inheritance taxes do not apply to surviving spouses. They may not apply to children either, depending on the state.

There is no federal inheritance tax. Likewise, only six states in total have an inheritance tax, and only one (Maryland) has both an estate tax and an inheritance tax.

Proposed Changes to Estate Tax Laws

In recent years, there have been a number of proposed changes to the federal estate tax, though it is unclear at this point whether any of these proposals will ever become law.

One proposed change is called the “For the 99.5% Act,” which, among other suggested changes, would lower the estate tax exemption from its current amount of $12.06 million to just $3.5 million. Another proposal, the “Sensible Taxation and Equity Promotion Act,” or STEP, would not lower the exemption amount but would make some changes to how various estate planning techniques play out in relation to the tax.

Neither of these proposals have been enacted, so current estate tax laws still apply.

Want to Know More?

Estate planning and taxes are complicated subjects with a lot of nuance to them. For more information, including a consultation based on your personal estate, please contact our office today to speak to a qualified estate attorney.

What is Trust Administration?

Fri, 29 Apr 2022 04:10:00 GMT

Updated April 2022

by Thomas C. Walser, Estate Planning Attorney (40+ Years of Experience)

Individuals looking to begin the process of estate and trust administration commonly find themselves asking a few questions:

- What is trust administration?

- What does trust administration do?

- And, why is it a vital aspect of any proper estate plan?

These are all excellent questions, and we’ll touch on these subjects, and more. To ensure that you’re taking all of the necessary steps when designating your assets, here’s what you should know about trust administrations, and the value they provide for you and your loved ones.

What Are Trust Administration Services?

The trust administration definition typically refers to the management of an estate prior to an eventual transfer of a property held in trust. So, what does that mean? Essentially, trust administration services ensure that all property designated by the creator of a trust goes to the proper beneficiaries, which is determined in a trust agreement.

Under a trust administration, the creator of the trust (commonly referred to as the “trustor” or “settlor”) determines how his or her assets are to be distributed at the time of their death. The trust also specifies a trustee, which is often a family member or close friend (can also be a lawyer), who will carry out the wishes of the trustor. The trustee is the individual who assumes a multitude of responsibilities following the trustor’s death, some of which can include, but are not limited to:

Advantages and Disadvantages of a Trust Administration

When compared with the standard, court-supervised probate process , a trust administration is a much more private, cost-effective, and efficient method for distributing assets. With a trust administration, you have a greater level of privacy as there is no court supervision throughout the process, and trust documents are not available to the general public. Still, a trust administration can sometimes bring on its own challenges, and often requires detailed correspondence with an estate law attorney or financial advisor.

One of the more prominent disadvantages of a trust administration is the lack of court supervision for certain discrepancies, often between beneficiaries. Managing these situations often requires extensive time and effort to resolve.

Trust Administration Fees

In order to properly analyze trust administration fees, a person must already have a clear understanding of how extensive their estate is, as well as the amount of beneficiaries, and a number of other factors including taxes, insurances, 401k’s and other financial accounts. Fortunately, your estate law attorney will go through the detailed process with you, letting you know throughout every step what you should be expecting to pay.

Walser Law Firm – Elder Law and Probate Attorneys

For more than 30 years, the team at Walser Law Firm has provided South Florida residents with the gold standard of elder law, probate, and estate planning. When it comes to trust administrations , we will walk you through all of the various types of options available, as well as assist you in setting forth all legal preferences for your estate within your will.

Our experienced paralegals and probate and trust administration attorney, Thomas C. Walser, handles every case with compassionate insight and unparalleled legal guidance. We understand that your trust is your legacy, and we take every step to ensure benefits are distributed correctly. For more information regarding our services, contact us today.

What is a Special Needs Trust?

Fri, 15 Apr 2022 04:12:00 GMT

Updated April 2022

by Thomas C. Walser, Estate Planning Attorney (40+ Years of Experience)

What is a special needs trust? This is a common type of trust with a very important purpose, and it’s one that you’ll want to understand fully if you have a loved one who would benefit from this level of support.

Below, we’ll discuss in further detail what special needs trusts are, how they’re different from other types of trusts, as well as the purpose and benefits of setting one up.

What is a Special Needs Trust?

A special needs trust (sometimes referred to as a supplemental needs trust) is a legal arrangement outlined in a will that provides designated money or property to a loved one with a disability. It also designates a trustee, which is a person or entity who is responsible for overseeing the care of the recipient of the trust and managing their assets.

The biggest benefit of a special needs trust is that it provides supplemental support without interfering with an individual’s eligibility for public assistance programs like Supplemental Security Income (SSI), Medicaid, or Medicare—all of which have strict income requirements. Instead, an individual who is chronically ill or physically or mentally disabled can redeem both the benefits of the public assistance programs and the assets of the trust, which can make a big difference in their overall quality of life.

Understanding the Purpose of Special Needs Trust Provisions

There are three primary functions of a special needs trust:

This legal arrangement benefits the person who establishes the trust as well, ensuring that their loved one will be cared and provided for even when they are not able to take a direct role. In this way, a special needs trust is one of the most beneficial trust arrangements for people with disabilities and their families, and can help provide for additional life-enhancing services, including therapies, medical assistance devices, care facilities, transportation costs, and anything else needed to sustain an individual’s standard of living.

How Does a Special Needs Trust Work?

A special needs trust is set up during the will establishment process with the help of a specialized attorney . During this process, the party creating the trust will work with their attorney to determine how much supplemental income is needed and how much they can provide. Ideally, this will be enough to cover any care and living expenses that are not already covered by public assistance programs, though there are certain limitations to what the funds can be used for, the specifics of which an attorney will help parties navigate.

Should you not wish to employ the services of a lawyer, an option to set up a stand-alone special needs trust is also available. There are many online resources that will assist you in creating a special needs trust document and including all the relevant information necessary. However, families or individuals seeking specialized, tailored trust services should always rely on a lawyer for assistance.

In laying out the terms of the trust, the establishing party will also designate a trustee. This person or entity will play a crucial role in trust oversight and disbursement, as well as care decisions.

Notably, this type of trust doesn’t just ensure a disabled individual’s care for the long-term—it also helps protect their assets from creditors or legal challenges. Any funds disbursed through the trust are not liable for seizure, just as they do not count toward income caps for Medicare, SSI, and other federal programs.

Set Up a Special Needs Trust for a Dependent Loved One

Our team at Walser Law Firm has more than 40 years of experience helping families set up supplemental needs trusts, and can help you take action to protect your loved one both now and in the years to come.

Please contact us today to learn more about our trust services and make sure that discretionary funds are set aside and available for your family member’s care.