Settling an Estate in Florida: What Executors and Heirs Need to Know

Key Takeaways

  • Florida’s probate process varies widely depending on estate size, asset type, and family cooperation.
  • Executors (called personal representatives in Florida) carry significant responsibilities—and risks—if deadlines are missed.
  • Homestead laws, creditor claims, and summary administration can all complicate settlement if not handled properly.
  • Communication between family members is essential to minimize conflict, delays, and misunderstandings.
  • A structured, 90-day roadmap can help keep the probate process on track from day one.

Introduction

Settling a loved one’s estate is a responsibility few people are fully prepared for—especially when it happens in a state with unique probate rules like Florida. Whether you’re a designated executor, now called a personal representative, or one of several heirs hoping for a smooth transition, understanding how the Florida probate system works is essential.

In this episode of Life Legacy & Wealth, Cary Moss of Sawyer & Sawyer, P.A. walks listeners through the estate settlement process with practical advice. Based in Central Florida, Cary’s firm serves families in Orange, Lake, Osceola, and Seminole Counties, including Orlando, Windermere, Winter Garden, Winter Park, Dr. Phillips, and Horizon West. Her expertise in estate planning, special needs planning, probate, and elder law provides critical clarity for anyone navigating the Florida probate courts.

Why Some Estates Go Smoothly and Others Don’t

Some Florida estates move efficiently—others drag on for months or even years. The difference usually comes down to preparation, paperwork, and family dynamics.

Estates tend to go more smoothly when:

  • The deceased left behind a clearly written, legally valid will.
  • Key documents are easy to find.
  • The personal representative is responsive and organized.
  • Family members communicate well and trust one another.

On the flip side, complications often arise when:

  • The will is missing or improperly executed.
  • Co-personal representatives have different management styles or goals.
  • New assets are discovered mid-process, requiring a change in legal strategy.
  • Family members disagree about inheritance or the pace of distribution.

Even small estates can become complicated if communication breaks down or critical deadlines are missed. Proper estate planning ahead of time helps, but the personal representative’s ability to manage people and paperwork plays a major role in how quickly things wrap up.

Understanding the Roles: Personal Representative vs. Beneficiaries

In Florida, the court-appointed personal representative takes the lead in settling an estate. This person is responsible for:

  • Collecting and securing estate assets.
  • Notifying and paying valid creditors.
  • Filing the estate inventory and tax returns.
  • Distributing the remaining assets to beneficiaries.

Beneficiaries, on the other hand, are the people named in the will—or determined by state law if there is no will—who are entitled to receive a portion of the estate.

It’s crucial for beneficiaries to understand that distributions don’t happen right away. There are steps the personal representative must follow, and rushing the process can cause legal and financial issues. Clarity around these roles early on can help prevent unnecessary conflict.

Why Homestead Property Is a Curveball in Florida Probate

One unique feature of the Florida probate process is the treatment of homestead property. This refers to the decedent’s primary residence, and it receives special protections under Florida law.

Homestead creates a layer of complexity because:

  • It may appear to be part of the probate estate at first but can later be deemed exempt.
  • The personal representative may need court approval to take possession or sell the property.
  • If there’s a good offer on the home, the family may need to act quickly—but still wait until the court finalizes the homestead designation and the 90-day creditor period has passed.

Without careful planning, homestead can delay distributions or create liability risks for the personal representative. Out-of-state families are often caught off guard by this distinction.

When There’s No Will: The Intestate Process in Florida

If a person dies without a valid will, their estate is considered intestate, and Florida’s statutory rules dictate how the assets are distributed. In this scenario:

  • The court decides who will serve as the personal representative, often based on a priority list.
  • Surviving family members may need to sign waivers or consents to allow a specific person to serve.
  • Disagreements between potential personal representatives can lead to litigation, delay, and unnecessary costs.

Having a clear estate plan avoids this confusion. But if the estate is intestate, it’s especially important to act quickly, communicate openly, and work with an attorney who understands the probate court’s expectations.

Will Contests: When Someone Objects to the Estate Plan

Even with a will in place, disputes can arise. In Florida, a will can be contested for legal reasons such as:

  • Lack of proper execution (e.g., missing witness signatures).
  • Mental incapacity at the time of signing.
  • Undue influence or fraud.

A person cannot contest a will simply because they don’t like what it says. The court evaluates the legitimacy of the claim, and valid objections can delay probate significantly. In some cases, beneficiaries also challenge the appointment of a personal representative if they believe that person is unfit to serve (e.g., due to a prior felony conviction or conflict of interest).

The Problem with Hidden or Forgotten Assets

Probate delays often come from unexpected sources—like discovering a safe deposit box late in the process or finding a retirement account that was never mentioned.

These discoveries can force the estate to pause and sometimes require a different probate process altogether. For example, if the estate began with a summary administration, discovering an asset that requires a personal representative with signing authority can trigger the need for a full formal administration.

Summary Administration vs. Formal Probate

Florida offers two main probate options:

Summary Administration

  • Available if the total estate value (excluding exempt assets like homestead) is under $75,000 or if the decedent has been dead for more than two years.
  • Generally faster and less expensive.
  • No personal representative is appointed, which means there’s no one with signing authority.

Formal Administration

  • Required for larger estates or when authority to act on behalf of the estate is needed.
  • Involves appointment of a personal representative.
  • Provides more flexibility but takes longer and involves more legal steps.

Families often choose summary administration for speed, but if assets are discovered later that require active management, the court may have to reopen or convert the probate case, causing delays.

Avoiding Family Conflict During Probate

One of the biggest risks in settling an estate is family tension—especially when one sibling is placed in charge. Misunderstandings and a lack of communication can lead to resentment, accusations, or worse.

Setting clear expectations from the start helps:

  • Use simple timelines or visuals to explain what happens when.
  • Communicate proactively with beneficiaries about delays or legal requirements.
  • Consider holding a “family update” call with clear agendas, updates, and next steps.

Most families aren’t fighting over money—they’re fighting over emotions and uncertainty. Good communication from the personal representative keeps the probate process calm and constructive.

The Risks of Early Distributions

Personal representatives often feel pressure from beneficiaries to release funds early. While this may seem compassionate, it’s also risky.

Early distributions can cause issues if:

  • Creditors haven’t been paid yet.
  • Tax obligations are still pending.
  • The estate’s liquidity is uncertain (e.g., all value is tied up in real estate).
  • The will places certain funds in trust rather than direct inheritance.

Instead, consider alternatives like partial distributions, or structuring a buyout where one beneficiary advances funds while waiting for the estate to settle.

A 90-Day Roadmap to Keep Probate on Track

The first three months of probate are critical. Here’s a simple breakdown:

Days 1–30:

  • Court issues Letters of Administration.
  • Personal representative opens an estate bank account.
  • Gather date-of-death values and start inventory.
  • Publish Notice to Creditors.

Days 31–60:

  • File the estate inventory with the court.
  • Secure and insure any real property.
  • Identify and contact all reasonably known creditors.

Days 61–90:

  • Review and respond to any creditor claims.
  • Begin preparing for tax filings and final distributions.

Missing deadlines—like the 60-day window to file inventory—can result in court sanctions or removal of the personal representative. Staying organized and proactive is key.

The Costs of Probate in Florida

Probate costs vary depending on the estate’s size and complexity. Expect to pay:

  • Court filing fees and publication costs.
  • Attorney fees (which may follow statutory guidelines but are often negotiable).
  • Additional costs for CPAs, appraisers, or professional property managers.

Large estates with clean documentation may settle for less than expected, while small estates with messy records or creditor disputes may cost more than anticipated.

Always ask how fees are calculated, and don’t hesitate to seek help from professionals who can add real value—especially with taxes or suspicious financial activity.

Closing: You Don’t Have to Navigate Probate Alone

If you’re facing the task of settling an estate in Florida, know that the process can be manageable with the right support. Whether you’re a personal representative trying to fulfill your duties or an heir looking for answers, having a trusted legal team can help avoid costly mistakes and reduce family stress.

At Sawyer & Sawyer, P.A., we guide clients through every phase of the Florida probate process, offering tailored support for families in Orlando, Windermere, Winter Garden, Winter Park, Dr. Phillips, Horizon West, and surrounding counties.

📞 Call (407) 909-1900
 📅 Schedule a consultation: https://sawyerandsawyerpa.com/contact-us/

The post Settling an Estate in Florida: What Executors and Heirs Need to Know appeared first on Sawyer & Sawyer.



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