The 5 Most Common Florida Probate Questions

Did someone just die and leave a Florida estate?

Maybe you just lost your aunt in Aventura, Florida. You knew that she lived in an expensive condo and was married to a successful business owner who died years ago. So, you think your aunt may have died rich. You are wondering if she left you anything. Then you get a letter from a Palm Beach law firm that you have to sign for. Inside the letter is an official looking document called “notice of administration.” What in world is that and what should you do? Here are the five most common probate questions that you may need answers to if you are thinking of getting involved in a Florida estate.

1. Can I see the will? Of course ! In Florida, the person who has possession of the will is called the “custodian”. The custodian of the Florida will must file it with the county clerk. Which county? Where your aunt died. If your aunt was a resident of Aventura, Florida, that’s Miami-Dade County, Florida. Once filed, your aunt’s will is now a public record. Ask the probate lawyer for a copy of the will or go down to the clerk’s office and read it or copy it.
2. Why doesn’t the will say if I got an inheritance? Most wills that are prepared by Florida probate lawyers or Florida estate lawyers are what are referred to as “pour over” wills. The wills may leave some personal property to a beneficiary, and may appoint, or name, someone to administer the estate. In Florida, we call the person who is named in a will to administer the estate the “personal representative.” In other states, the person who runs the estate may be called an “executor” or “administrator.” In today’s estate planning world, or the Florida probate world, pour over wills don’t tell you who really inherits your aunt’s estate. Instead, the will distributes all of your aunt’s property to the trustee of her “revocable trust.” The will has her estate assets “pour over”, into, your aunt’s revocable trust. The revocable trust is not a public document. Your aunt’s trust is a private document that only beneficiaries get to see. The revocable trust is not filed with the county clerk like your aunt’s will was. You may have heard the revocable trust referred to as a “living trust”: same thing. The trust was a trust that your aunt created and controlled during her lifetime. She could have amended or revoked the trust at any time during her life. Now, since your aunt is dead, her Florida trust is irrevocable. And your aunt’s revocable trust tells you who inherits what.
3. Can I see the trust? Maybe ! If you are a beneficiary of the trust, yes, you can see the trust. In fact, the trustee of the Florida trust is required to tell you who he or she is, and their address, so you can contact the trustee. As a trust beneficiary in Florida, you are also entitled to a complete copy of the trust document, including all amendments, and relevant information, like where the trust money is located, how much trust money there is, whether the trust owns any real estate, and what the trustee is spending trust money on. You also get annual accountings. If you are not a beneficiary of the trust, you don’t get to see the trust.
4. How do I participate in the probate? Well, first of all, the personal representative runs the estate. It’s the Florida personal representative’s job to gather all the assets, pay off your aunt’s debts like credit card bills, file her last income tax return, and then transfer all the assets to the revocable trust— if your aunt’s assets are not in her Florida trust already. You can participate or monitor the Florida probate administration in one of two ways. First, you can simply speak to the personal representative from time to time and get updates or have your questions answered. This is the easiest and least expensive way to see what’s going on in the probate. As a beneficiary of a Florida estate, you are going to get a final accounting and a petition for discharge before the Florida estate ends and before the Florida probate shuts down. But what do you do if you don’t trust the personal representative or you don’t like the answers you are getting about the Florida probate? Your second option is to have an attorney make official requests in the probate court. Your probate lawyer or estate lawyer can file an appearance on your behalf and receive copies of all documents which are filed with the probate court. Your estate lawyer can also request copies of documents and more detailed information than, say, the inventory reveals. Want to see a snapshot of all the estate assets? Have your probate lawyer ask for an interim accounting. Need more details about why one creditor was paid and another wasn’t? Have your estate lawyer get the answers. Want to know about $500,000 that your aunt loaned your sister? Get a copy of the loan documents and find out why your sister does not have to pay the loan back. Wondering why a guy who lived down the hall from your aunt is getting her Mercedes? Put your probate lawyer to work.
5. Do I really need a lawyer? No. You can sit back, get information from the Florida personal representative, review everything yourself and ask the probate lawyer or the personal representative any questions you have. There are many very good probate lawyers in Palm Beach County, Dade and Broward County that are helpful, responsive and know how to probate an estate. Talk to them. Work with them.

In the end, it’s up to you how active you want to get in a Florida probate. You don’t have to lawyer up, but if you do, it’s on your dime. But be careful. Asking good questions and making reasonable inquiries are fine. Being a pain in the neck beneficiary is not. If you end up taking too much time from the personal representative or his or her probate lawyer, or if you end up interfering with the probate of your aunt’s estate, you are going to get wacked with attorneys fees and costs, or you’ll have your inheritance decreased.