Florida Probate Laws

Steven A. Bagen | April 1, 2025 | Personal Injury

Dealing with the loss of a loved one can be an emotional and overwhelming experience, and the complex probate process can only add to the stress. Florida probate laws are supremely complex, and they can be even more difficult to understand in the aftermath of a loved one’s passing.

If you find yourself in need of legal assistance, don’t hesitate to reach out to an experienced attorney who understands probate and, if necessary, wrongful death law. Your lawyer will evaluate the circumstances of your loved one’s estate, answer questions about Florida probate laws, and provide a personalized evaluation and advice about what may lie ahead.

 

Understanding Probate in Florida

The court oversees probate to distribute deceased people’s assets and settle their debts. In Florida, probate laws dictate how the process unfolds.

Probate Laws Are Applied in Florida’s Probate Courts

In Florida, the probate court handles probate matters. The court oversees the administration of an estate and ensures that the deceased person’s wishes, as stated in their will, are carried out. If there is no will, the court will follow the default rules of intestate succession to distribute the assets. This court-supervised process generally entails:

• Identifying the decedent’s assets
• Determining which assets are subject to the probate process
• Gathering the decedent’s assets
• Distributing the assets to beneficiaries

You must carry out this process legally, by the book. You can find some of the laws and rules that govern Florida’s probate process in:

• Chapters 731 through 735 of the Florida Statutes
• The Florida Probate Code (which the above-listed chapters outline)
• Florida Probate Rules, Part I, and Part II

Like most probate-related issues, these rules and procedures are dense, complex, and difficult to understand. An attorney will explain these laws and rules to you in a digestible manner that you can easily comprehend.

The Personal Representative Is a Key Consideration in the Probate Process

In Florida, appointing a personal representative—also known as an executor—is critical for probate. The personal representative plays a vital role in overseeing the administration of the decedent’s estate.

The personal representative is generally responsible for the following:

• Managing the estate properly ensures
• Paying the debts
• Distributing assets to the rightful beneficiaries
• Overseeing probate-related communications between the court, beneficiaries, and others involved in the process

The decedent may have appointed the personal representative in their will or other estate-related documents. This may be a critical step in the probate process if the personal representative has not already been appointed.

The Process of Appointing a Personal Representative

The interested party must first file a petition with the probate court to appoint a personal representative. This petition should include:

• Essential details such as the name and address of the proposed personal representative
• Information about the deceased individual and their estate
• Any other information that the petitioner, their attorney, or the court deems necessary

Work with an experienced attorney who can guide you through the process and ensure you provide all necessary information correctly.

The court will then review the petition and determine the qualifications of the proposed personal representative. In Florida, anyone 18 years or older, of sound mind, and not convicted of a felony can serve as a personal representative. However, it is important to note that if the proposed personal representative is a non-resident of Florida, they must be either a relative of the deceased or a qualified attorney admitted to practice in Florida.

Once the court approves the appointment of the personal representative, the personal representative will receive letters of administration, which grants them the legal authority to act on behalf of the estate. This includes collecting and managing assets, paying off debts and taxes, and distributing assets to the beneficiaries.

If You’re the Decedent’s Personal Representative, Consider That You May Have Grounds for a Wrongful Death Action

Losing a loved one is never easy, and the pain worsens when their death results from someone else’s negligent or intentional actions. As the personal representative of the decedent’s estate, you may have grounds for a wrongful death action in the state of Florida.

Understanding the laws surrounding wrongful death can allow you to seek justice and hold those responsible accountable for their actions.

In Florida, a wrongful death lawsuit is generally appropriate when the victim’s death arises from someone’s:

• Negligence
• Recklessness
• Intentional misconduct

The purpose of a wrongful death claim is to provide compensation to the surviving family members who have suffered both emotionally and financially as a result of the loss.

There Are Generally Deadlines for Wrongful Death Claims, So Do Not Wait to Hire an Attorney

One important aspect of a wrongful death action in Florida is the statute of limitations. Generally, the statute of limitations for filing a wrongful death lawsuit in Florida is two years from the date of death. However, there are exceptions to this rule, so consulting with an attorney who focuses on wrongful death cases is vital to understanding your specific rights and options.

Why You Should Hire an Attorney to Assist in a Florida Wrongful Death Case

Navigating the probate process can be complex and confusing, especially during a time when you are grieving the loss of a loved one. Hiring an attorney who focuses on probate law can give you the guidance and support you need to navigate the process smoothly. Here are some reasons why retaining an attorney is vital in the Florida probate process:

A Lawyer’s Knowledge and Experience

Wrongful death attorneys have in-depth knowledge of Florida probate laws and how they relate to wrongful death actions. They have experience handling various wrongful death cases and can provide you with the professional advice and guidance needed to pursue justice correctly.

Minimize Errors and Delays

Wrongful death cases can be time-consuming and riddled with potential pitfalls. Hiring an attorney can help:

• Minimize errors
• Avoid delays
• Spare you from other issues common when claimants and plaintiffs handle their wrongful death cases

Your lawyer will meet all legal requirements and deadlines, ensuring your case moves forward efficiently. They will also handle all paperwork and negotiations, allowing you to focus on healing while they fight for your best interests.

Protection

Hiring an attorney ensures that your loved one’s wishes are respected and followed. You will also prevent:

• The serious consequences that can arise from missed deadlines
• Liable parties from violating your rights or compromising your wrongful death case
• Mistakes that might otherwise prevent you from securing the financial recovery you deserve

This protection is priceless and can be the difference between the success and failure of a wrongful death case in Florida. With the right legal representation, your lawyer will thoroughly prepare your case and fully uphold your rights.

Emotional Support

Losing a loved one is a difficult and emotional experience. Having an attorney by your side can give you the emotional support you need during this challenging time. They can handle the legal aspects of the case, allowing you to focus on grieving and healing.

If you need assistance with the probate process or wrongful death case in Florida, don’t hesitate to contact attorneys serving your area. They will provide the assistance you need and deserve, and they will immediately provide it.

How Your Florida Wrongful Death Lawyer May Prove You Deserve Compensation

When pursuing a wrongful death action, it is important to establish that the defendant’s actions directly caused the death. Your lawyer will work to prove that the defendant’s negligence or intentional actions led directly to your loved one’s death.

Some of the other responsibilities your attorney will handle are:

Investigating Why Your Loved One Died

One of the key ways a wrongful death lawyer can help is by conducting a thorough investigation into the circumstances surrounding your loved one’s death. They will:

• Gather evidence
• Interview witnesses
• Work with professionals to build a strong case on your behalf

This investigation is necessary in establishing liability and proving that the responsible party should be accountable for their actions. By gathering evidence and eyewitness testimonies, your lawyer strengthens your case and increases your chances of a successful outcome.

Explaining Your Options 

Once you establish liability, a wrongful death attorney will guide you through the legal process and ensure you understand your rights and options. They will assist in filing a wrongful death lawsuit and handle all the necessary paperwork and documentation on your behalf. This includes gathering medical records, police reports, and other evidence supporting your claim.

Get You the Resources You Need for Recovery

Beyond the legal procedures, a wrongful death lawyer also provides emotional support during this challenging time. They understand the pain and grief you are going through and will be there to:

• Listen to your concerns
• Answer your questions
• Provide compassionate guidance
• Can find you any mental health services or other resources you need

Your lawyer will act as your advocate, fighting tirelessly for justice and ensuring you receive the compensation you deserve. They will also handle all legal aspects of your case, allowing you to focus on healing and moving forward.

Fight for the Settlement or Judgment Survivors Deserve

Your attorney will fight for fair compensation for you and anyone else who is eligible to pursue a wrongful death case. The two primary ways to get justice for a wrongful death are:

• Negotiating a settlement
• Obtaining a judgment at trial

An experienced lawyer will pursue the right strategy for you. If liable parties refuse to settle, your attorney will file a lawsuit, go to trial, and take all other necessary steps.

Recoverable Damages in a Florida Wrongful Death Case

In wrongful death cases, compensation can include:

• Medical expenses
• Funeral costs
• Loss of consortium
• Loss of income (and other types of lost financial support)
• Pain and suffering, including but not limited to grief

An experienced wrongful death lawyer will work diligently to assess the full extent of your losses and negotiate with insurance companies or the responsible party’s legal team to secure a fair settlement. If a settlement isn’t possible, they will take your case to trial and fight for your rights in court.

Getting Fair Compensation for a Wrongful Death May Sound Easy, But It’s Not

Navigating the legal complexities of a wrongful death case on your own can be overwhelming, especially when you are dealing with the emotional aftermath of losing a loved one. You will also need to prove the connection between at-fault parties’ negligence and the harm you’ve suffered, and your lawyer will be up to this task.

By hiring a knowledgeable and compassionate wrongful death lawyer, you can focus on healing and grieving while they handle the legal aspects of your case. They will be by your side, providing the support, guidance, and legal experience you need to obtain justice and hold the responsible party accountable.

When You’re Facing Probate and a Wrongful Death Claim, Hire an Attorney

Losing a loved one and pursuing justice in Florida can be complex, but a skilled lawyer will manage everything properly. There is likely a deadline for filing any wrongful death case you need to file, so it’s important to speak with an attorney today.

Focus on your recovery and spending time with your loved ones. Let a Florida wrongful death attorney advise you about the probate process and, just as importantly, fight for justice for you and other affected loved ones.