Estate Planning and Probate Law

Probate is the court-supervised legal process through which a deceased person’s estate is administered — debts are paid and assets are distributed to beneficiaries or heirs. In Florida, probate is required when a decedent owned assets solely in their own name at the time of death that are not otherwise designated to pass automatically to a beneficiary (such as through a joint tenancy, payable-on-death account, or trust). Florida law provides two types of probate administration: formal administration for estates valued over $75,000, and summary administration for smaller estates or those where the decedent has been dead for more than two years. An experienced Boca Raton probate attorney can determine which process applies to your situation.

Yes. Florida residents have several legal tools available to transfer assets outside of probate. The most common method is a revocable living trust, which holds assets during your lifetime and allows them to pass directly to beneficiaries upon death without court intervention. Other probate-avoidance strategies include joint tenancy with right of survivorship on real property, payable-on-death (POD) or transfer-on-death (TOD) designations on bank and investment accounts, and beneficiary designations on life insurance policies and retirement accounts. Proper estate planning — ideally done well before death — is the most effective way to minimize the time, cost, and public exposure that probate can involve.

Yes. Under Florida law, a personal representative of an estate is required to be represented by a licensed Florida attorney in formal probate proceedings. This is one of the most important distinctions between Florida and other states. Attempting to navigate Florida probate without legal representation risks delays, court rejections, and personal liability for the personal representative. The Law Office of Ginny L. Goldman P.A. has represented personal representatives, beneficiaries, and trustees throughout Palm Beach and Broward Counties for over 41 years.

Florida imposes specific eligibility requirements for personal representatives that differ from most other states. To serve as personal representative in Florida, an individual must be: (1) a Florida resident, or (2) a blood relative or legally adopted relative of the deceased, regardless of where they reside. Non-relatives who live outside Florida are not eligible to serve as personal representative under the Florida Probate Code, even if they are named in the will. If the named personal representative is ineligible, the court has discretion to appoint someone who meets Florida’s requirements. A Florida probate attorney can help identify the appropriate person to serve and guide them through their fiduciary obligations.

The timeline depends on the type of administration and the complexity of the estate. Summary administration — for estates valued at $75,000 or less, or where the decedent has been deceased for more than two years — can often be completed within a few weeks to a few months. Formal administration typically takes a minimum of six to twelve months, and longer if there are creditor disputes, contested claims, litigation, or difficult-to-value assets such as real estate or a business interest. Early engagement with a Florida probate attorney helps keep the process on track and avoids procedural delays.

A comprehensive Florida estate plan typically includes: a Last Will and Testament directing the distribution of probate assets; a Revocable Living Trust to transfer assets outside of probate; a Durable Power of Attorney authorizing a trusted individual to manage financial and legal matters if you become incapacitated; a Designation of Health Care Surrogate authorizing someone to make medical decisions on your behalf; a Living Will (Advance Directive) stating your end-of-life health care preferences; and a Lady Bird Deed (Enhanced Life Estate Deed) if you wish to transfer real property outside of probate while retaining full control during your lifetime. Not every client needs all of these documents — the right combination depends on the size of your estate, your family circumstances, and your goals.