Q: What is probate, and do all estates have to go through it?
A: Probate is the court process of settling an estate after death. If assets are properly titled in a trust or have designated beneficiaries, they can bypass probate, reducing delays and costs.
Q: How long does probate take in Florida?
A: It varies based on the estate’s complexity but typically takes 6-12 months. Disputes, creditor claims, or missing documents can extend the timeline.
Q: What are the responsibilities of an executor or personal representative?
A: Duties include gathering assets, paying debts and taxes, distributing inheritances, and ensuring compliance with the will and state laws. It requires careful record-keeping and may involve court supervision.
Q: What if the deceased didn’t have a will?
A: If no will exists, Florida’s intestacy laws determine inheritance. This may result in unintended distributions and family conflicts, and the court will appoint an administrator to handle the estate.
Q: How can a trust simplify estate administration?
A: A properly funded trust allows assets to pass directly to beneficiaries without probate, reducing costs, maintaining privacy, and ensuring quicker distribution.
Q: What happens if a beneficiary or family member disputes the will?
A: Will contests can occur if someone believes the document is invalid due to undue influence, fraud, or lack of capacity. These disputes can lead to court battles and delays in estate settlement.
Q: My loved one just passed away. Do we need to pay estate taxes?
A: It depends on the total value of the estate. The federal estate tax applies only if the estate exceeds the federal exemption amount, which is $13.99 million per person in 2025. If the estate is below this threshold, no federal estate tax is owed.
Florida does not have a state estate tax, so if your loved one was a Florida resident, there’s no additional tax at the state level.
However, other taxes may apply, such as income tax on the deceased’s final earnings or capital gains tax if inherited assets are later sold. Estate administration can be complex, so it’s wise to consult an estate planning attorney to ensure all tax obligations are met.