(800) 224-5999
Florida Probate Attorney for Out-of-State Lawyers - Your Co-Counsel & Referral Partner℠ - Since 1978

Welcome To

floridawillsandtrusts.kinsta.cloud

The Florida Probate Division of

GRANT W. KEHRES, P.A.

Bank of America Building
2000 Glades Road – Suite 302
Boca Raton, Florida 33431

(800) 224-5999

floridawillsandtrusts.kinsta.cloud handles all types of Florida probate scenarios including ancillary administrations, domiciliary proceedings, summary administrations, and intestate estates in all of Florida's 67 counties. The firm also co-counsels with attorneys throughout the U.S.

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Frequently Asked Questions

Here we provide answers to some of the most common questions about our services and who we serve.
If I refer my client to your Florida probate firm, how do I protect my client relationship?

We understand that out-of-state attorneys have built strong, trusted relationships with their clients over years of dedicated service. When you refer a Florida probate matter to our Boca Raton firm, protecting that relationship is our top priority—not competing with it.

We have absolutely no interest in practicing law outside of Florida. Our practice is exclusively focused on Florida probate and estate administration, and we intentionally keep our firm small enough to know each of our referral sources personally and respect their professional relationships. We recognize that word travels fast in legal communities about who can and cannot be trusted, and our reputation depends entirely on being trustworthy referral partners.

Our business model depends entirely on long-term relationships with attorney referral partners like you. We position ourselves as your Florida probate extension—handling the technical Florida court requirements while you maintain your primary attorney-client relationship. We keep you informed throughout the process, copy you on all significant communications, and encourage you to remain as involved as you wish. Many of our referral partners choose to co-counsel on matters, which allows them to continue serving their clients directly while we handle the Florida-specific procedures.

We’ve built our reputation over years of Florida probate practice by being the firm that out-of-state attorneys trust precisely because we respect professional boundaries. Your clients will always know that you connected them with qualified Florida counsel, and they’ll return to you for their future legal needs in your jurisdiction because you demonstrated excellent judgment in helping them navigate their Florida estate matters.

The rules of The Florida Bar strictly regulate what referral fees can be paid, and we’ve found that the most successful attorney-to-attorney relationships aren’t built on fee-splitting arrangements anyway. Instead, we encourage our out-of-state referral partners to approach Florida probate referrals in ways that provide more value and flexibility.

Co-Counsel Arrangement: Many attorneys choose to co-counsel with us on Florida probate matters. This allows you to remain actively involved in your client’s case, continue providing legal services and guidance, and bill your client accordingly for your time and expertise. You maintain your attorney-client relationship, participate in strategy discussions, and can charge your standard rates for the value you provide.

This arrangement works particularly well when out-of-state attorneys want to stay connected to the case or when their clients appreciate having their trusted local counsel still involved. Regardless of where you practice, co-counseling lets you maintain your client relationships while adding our Florida probate expertise.

Division of Responsibilities in Co-Counsel Cases: In co-counsel arrangements, we typically handle Florida-specific tasks—drafting Florida probate pleadings, making Florida court appearances, navigating local court procedures, and managing day-to-day Florida probate administration. You provide overall case strategy, client relationship management, coordination with other aspects of the client’s legal needs, and perspective on how the Florida probate impacts the client’s broader situation.

We copy co-counsel on all significant communications, filings, and correspondence. We consult before making substantive decisions, coordinate our communications with clients, and treat co-counsel as full partners in the representation. Each firm bills the client directly for services provided—you bill at your normal rates for the time you invest in case strategy, client communication, and document review.

Active Referral Partnership: Alternatively, you can refer the matter to us while remaining actively connected to the services we provide. We keep you thoroughly informed throughout the probate process, copy you on significant documents and communications, and encourage your input on decisions. This allows you to continue adding value to your client relationship through your oversight and connection, and you can charge your client accordingly for this ongoing involvement and case monitoring.

Both approaches ensure you’re compensated fairly for the value you provide to your client, give you flexibility in how involved you wish to be, and comply fully with bar regulations in both your jurisdiction and Florida. We prefer keeping it simple and building relationships as your trusted Florida referral partner.

Just as you know that Middle Neck Road is the main drag in Great Neck, that the East River appears cleaner than the Hudson, or that robust nightlife can be found on Mamaroneck Avenue in White Plains—we know the granular details that make Florida probate practice effective and efficient. This local knowledge, gained through years of exclusive focus on Florida estate administration, cannot be easily replicated and directly benefits your clients.

Local Court Knowledge: Florida has 67 counties, each with circuit courts that have developed their own procedures, preferences, and informal practices. We know that judges in Miami-Dade County handle ancillary administration differently than those in Palm Beach County. We understand which courts prefer certain petition formats, which clerks can expedite filings, and how to navigate each county’s specific requirements. This insider knowledge prevents costly delays and procedural mistakes that out-of-state attorneys often encounter.

Exclusive Probate Focus: Unlike general practice firms that handle probate among many practice areas, we focus exclusively on Florida probate and estate administration. This focused expertise means we’ve handled thousands of straightforward Florida probate administrations—we know the efficient paths through the process and don’t have learning curves on routine procedures. Our specialization translates to faster, more efficient, and more cost-effective estate administration for your clients.

Typical Client Profile: Most matters referred by out-of-state attorneys involve straightforward estates—perhaps a Florida condo, limited financial accounts, and identifiable beneficiaries. These are exactly the types of cases we handle efficiently every day. Our extensive experience with these common scenarios allows us to move cases smoothly through the Florida probate system.

Relationship Management: When you partner with us, you maintain your client relationship while we handle the technical Florida requirements. Your clients see you as the attorney who had the foresight and professional network to connect them with qualified Florida counsel. You remain the primary point of contact if you choose, and we work as your Florida probate extension rather than a replacement.

Geographic Coverage Throughout Florida: While many Florida probate attorneys practice in only one or two counties, we handle probate matters throughout Florida—from the Panhandle to Miami-Dade County. This comprehensive coverage means New York attorneys can refer all their Florida probate matters to one firm regardless of where the decedent lived or owned property.

Communication and Transparency: We provide regular, detailed updates to referring attorneys without requiring them to chase us for information. You’ll have immediate access to your clients’ Florida probate case status through our communication systems, and we respond to attorney inquiries within the same business day.

Seamless Real Estate Coordination: When estates include Florida real property that needs to be sold, our in-house real estate closing capabilities allow us to coordinate the entire process—from probate court authorization through closing and title insurance. This eliminates the need to coordinate with separate real estate counsel and provides a smoother experience for your clients.

Out-of-state attorneys frequently encounter clients with Florida connections—whether they own property in Palm Beach, have retirement accounts administered by Florida institutions, or relocated to South Florida before passing away. Understanding when to refer these matters to Florida probate counsel versus handling them yourself can significantly impact case outcomes and client satisfaction.

Mandatory Florida Probate Situations:

  • When the decedent was a Florida resident at death (domiciled in Florida)
  • When the decedent owned Florida real property in their individual name (not held in trust or with survivorship rights)
  • When Florida bank accounts, investment accounts, or other assets exceed the small estate threshold and lack proper beneficiary designations
  • When the Will was executed in Florida or specifically references Florida law
  • When disputes arise requiring Florida court jurisdiction

Practical Considerations for Referral: Even if you’re admitted pro hac vice in Florida courts, the practical challenges of Florida probate practice make referral the better choice. Florida probate involves frequent court appearances, in-person meetings with court clerks, negotiations with local opposing counsel, and navigation of county-specific procedures. The time and travel costs of handling these matters from out of state typically exceed the cost of partnering with experienced Florida probate counsel.

Complex Florida Estate Issues: Florida has unique laws regarding homestead property, elective share rights for surviving spouses, pretermitted spouse provisions, and creditor claims that differ significantly from most other states’ estate laws. When these issues arise, local Florida expertise becomes essential rather than merely helpful. Florida’s constitutional homestead protections, for instance, have no equivalent in most states’ laws and can completely change estate distribution outcomes.

Client Service Excellence: Your clients benefit from your expertise in your home jurisdiction combined with our Florida specialization. Rather than learning Florida probate procedure for a single case, you can maintain focus on your practice while ensuring your client receives top-tier Florida representation. This partnership approach delivers better results than either attorney could achieve alone.

Professional Liability Considerations: Practicing in an unfamiliar jurisdiction increases malpractice risk. Referring Florida probate matters to qualified local counsel protects both you and your clients while maintaining the highest standards of professional representation. The rules, procedures, and substantive law differences between your state and Florida estate administration are substantial enough that even experienced estate attorneys benefit from local counsel partnership.

Our Florida probate practice focuses on uncontested estate administrations—the straightforward matters that out-of-state attorneys most commonly encounter when their clients have Florida connections. We’ve intentionally built a practice around efficiently handling these routine administrations that constitute the vast majority of Florida probate matters.

Formal Probate Administration: We regularly handle formal administration of Florida estates, which is required when estate assets exceed $75,000 or when the decedent passed away less than two years ago. This includes preparing and filing petitions for administration, obtaining letters of administration, publishing required notices to creditors, preparing inventories and accountings, handling routine creditor claims, and distributing assets to beneficiaries.

Typical estates we handle involve a Florida condo or home, bank accounts, investment accounts, and a small number of clearly identified beneficiaries. These straightforward administrations proceed smoothly through the Florida probate system when handled by experienced counsel familiar with each county’s procedures.

Summary Administration: For smaller estates or when the decedent passed away more than two years ago, Florida allows summary administration, which is faster and less expensive than formal administration. We determine whether your client’s case qualifies and handle all aspects of this streamlined process, often completing these administrations in 30-90 days. Summary administration works particularly well for estates consisting primarily of a single Florida property with clear beneficiaries.

Ancillary Probate: When someone who was not a Florida resident owned Florida property at death—a common situation for residents of other states with vacation homes in Palm Beach or Naples—Florida requires ancillary probate proceedings. We coordinate with the domiciliary estate proceedings in your jurisdiction to ensure efficient administration in both states.

Ancillary administrations typically involve simpler asset profiles than domiciliary estates—often just the Florida real property and perhaps a local bank account—making them well-suited to our practice focus.

Trust Administration: When Florida assets were properly transferred to revocable living trusts during the decedent’s lifetime, no probate is required. However, the successor trustee still has responsibilities including asset management, creditor notifications, tax filings, and distributions to beneficiaries. We guide successor trustees through the trust administration process, ensuring compliance with trust terms and Florida law without court supervision.

Intestate Estates: When a Florida resident or Florida property owner dies without a Will, Florida’s intestacy statutes determine how assets are distributed. We handle intestate administrations, determining the proper heirs under Florida law, obtaining necessary consents or waivers, and distributing assets according to statutory priorities.

What We Don’t Handle: We focus on uncontested administrations for straightforward estates. If a matter involves significant disputes—will contests based on capacity or undue influence, beneficiary litigation, or complex creditor disputes—we can help coordinate with Florida litigation counsel who specialize in contested probate matters. Our experience allows us to quickly identify when a matter requires litigation expertise and facilitate appropriate referrals.

Estate Planning Document Review: Before probate becomes necessary, we review estate planning documents to identify potential Florida probate issues and recommend solutions that may avoid or simplify future administration. This proactive service helps out-of-state attorneys ensure their clients’ estate plans will work effectively for Florida assets.

Out-of-state attorneys should understand key differences between Florida probate procedures and the estate administration rules in their home jurisdictions before deciding whether to handle Florida estate matters themselves or partner with local Florida counsel. These differences are substantial and impact both strategy and client expectations.

Timeline Differences: Florida probate typically requires a minimum of six months from the date of the first publication to creditors, even for uncontested estates with no creditor claims. This mandatory waiting period cannot be shortened regardless of circumstances. Most uncontested Florida probates take 6-9 months for straightforward estates. Summary administration for smaller estates (under $75,000) or estates where the decedent died more than two years ago can be completed in 30-90 days.

Notice and Publication Requirements: Florida requires publication of the Notice to Creditors in a newspaper of general circulation in the county where the estate is being administered. The state has specific formatting and content requirements for these publications. Additionally, Florida requires service of the Notice of Administration on specific parties, with strict timing requirements. Failure to comply with these technical requirements can invalidate the entire probate proceeding. These requirements differ from the procedures in most other states.

Homestead Property Protections: Florida’s constitutional homestead protections are among the strongest in the nation and dramatically impact estate administration. Florida homestead property may be protected from creditors, has restrictions on devise (who can inherit), and receives preferential treatment in estate distribution. These rules have no equivalent in most other states’ estate laws and frequently surprise attorneys unfamiliar with Florida practice.

For residents of other states with Florida properties—whether vacation homes near the beaches or retirement condos—the homestead determination becomes critical. Did they intend the Florida property as a permanent residence, or was it simply a vacation home? This distinction dramatically impacts probate administration, creditor rights, and surviving spouse rights. Intent, actual use, and property configuration all factor into this analysis.

Elective Share Rights: Florida’s elective share statute differs significantly from most other states’ provisions. Florida’s elective share is 30% of the elective estate (which includes both probate and certain non-probate assets), calculated using specific statutory formulas. The Florida elective estate includes assets that many other states wouldn’t consider available for elective share claims, including life insurance, jointly held property, and certain trust assets.

Personal Representative Requirements: Florida restricts who can serve as personal representative. Non-Florida residents can generally only serve if they’re closely related to the decedent (spouse, sibling, parent, child, or certain other relatives). This contrasts with more flexible approaches in many other states and often requires appointment of a Florida resident as personal representative—complicating matters for families based entirely outside Florida.

Court Supervision Levels: Florida offers different levels of court supervision based on circumstances, ranging from formal administration with court oversight to summary administration with minimal court involvement. Understanding which procedure applies requires knowledge of Florida-specific thresholds and requirements.

Creditor Claim Procedures: Florida has a specific two-year statute of limitations for creditor claims (with a shorter three-month period after publication for known creditors). The procedures for serving, objecting to, and resolving creditor claims follow Florida-specific rules that differ substantially from procedures in other states. Known creditors must be served directly and have 30 days from service (or three months from first publication, whichever is later) to file claims.

When out-of-state attorneys contact us about potential Florida probate matters, we’ve streamlined our intake process to quickly evaluate cases and provide clear guidance. Gathering this information before initial contact allows us to provide immediate, substantive feedback about the case.

Decedent Information: We need the decedent’s full legal name, date of death, last known address, Social Security number, and a copy of the death certificate. If the decedent had multiple residences (common for residents of other states with Florida vacation homes), we need addresses for all properties. Understanding whether the decedent was a Florida resident or maintained residency in another state while owning Florida property determines which type of Florida probate proceeding is required—domiciliary administration versus ancillary administration.

Asset Information: A preliminary list of known Florida assets with approximate values helps us assess whether probate is necessary and what type of proceeding is appropriate. This includes:

  • Florida real property (condos, homes, land) with addresses and approximate values
  • Bank accounts at Florida institutions with account numbers and balances
  • Investment accounts administered by Florida companies
  • Business interests in Florida entities
  • Personal property of significant value located in Florida (boats, vehicles, valuable collections)

We also need to know how assets are titled—individual ownership, joint with rights of survivorship, payable-on-death, held in trust—as this dramatically affects whether probate is required. Many clients assume jointly held property avoids probate, but unless it’s held as “joint tenants with rights of survivorship” or “tenants by entireties,” probate may still be necessary.

Estate Planning Documents: Copies of the decedent’s Will, any codicils, trust documents, and powers of attorney allow us to evaluate validity issues, identify potential challenges, and understand the decedent’s intentions. If no Will exists, we need to know this upfront as intestate estates involve different procedures and distribution rules. We also need any prior Wills that might be relevant to potential disputes.

Beneficiary and Heir Information: Contact information for beneficiaries named in the Will (or heirs if no Will exists) helps us assess the case complexity and plan administration strategy. For the straightforward estates we typically handle, there are usually just a few clearly identified beneficiaries—perhaps a surviving spouse and children, or siblings dividing the estate. If the beneficiary situation is complex or potentially contentious, that affects our case assessment.

Known Complications: Information about potential disputes, significant creditor issues, tax complications, homestead property questions, or other known problems allows us to provide accurate case assessments. We focus on uncontested administrations, so knowing upfront about potential contests or significant disputes helps us determine whether we’re the right fit or whether the matter needs litigation counsel. Many attorneys hesitate to mention complications, but full disclosure helps us provide better guidance.

Your Involvement Preferences: Let us know whether you want to co-counsel on the matter, receive copies of all communications, participate in strategy decisions, or simply stay informed of major developments. Understanding your preferred involvement level helps us structure our relationship appropriately from the start. Some attorneys want to remain closely involved throughout, while others prefer quarterly updates with notification of major developments.

Prior Florida Legal Work: If any Florida attorneys have already been consulted or retained, or if any Florida probate proceedings have been initiated, we need to know immediately. This prevents duplicated efforts and potential conflicts.

Out-of-state attorneys referring Florida probate matters frequently need to advise clients about both timelines and costs. Understanding typical timeframes and our straightforward fee structure helps set realistic client expectations.

Timeline Overview:

Summary Administration: For estates qualifying for summary administration (generally estates under $75,000 or where the decedent died more than two years ago), the process typically takes 30-90 days from initial filing to completion. This expedited procedure works well for straightforward estates—perhaps just a Florida condo with clear beneficiaries.

Formal Administration: Florida law requires a minimum three-month period after publication of the Notice to Creditors before an estate can be closed. Most uncontested formal administrations take 6-9 months from filing to final distribution. This timeline assumes cooperative beneficiaries, straightforward asset profiles, and no significant complications.

The formal administration timeline includes: initial filing and petition for administration (1-2 weeks), appointment of personal representative (2-4 weeks), publication of Notice to Creditors and mandatory waiting period (3 months minimum), inventory preparation and filing (2-3 months from appointment), resolution of any routine creditor claims (varies), preparation and filing of final accounting (1-2 months), and final distribution and discharge (2-4 weeks).

Ancillary Administration: Ancillary administrations for non-Florida residents who owned Florida property typically follow similar timelines to formal administration (6-9 months), though they may proceed somewhat faster when there are limited Florida assets and the domiciliary estate in your state is being administered concurrently.

Factors That May Extend Timelines:

Real Property Sales: If the estate includes Florida real property that must be sold, the probate timeline extends to accommodate the real estate transaction. In active markets like Palm Beach County, properties may sell within 30-60 days, but unique properties or slower markets can take 3-6 months. Our firm’s real estate closing capabilities allow us to handle the entire process from probate court authorization through closing, which streamlines the timeline compared to coordinating with separate real estate counsel.

Out-of-State Personal Representatives: When personal representatives are based outside Florida, coordinating document signatures, obtaining required notarizations, and managing communications can add time to routine procedures. We’ve developed efficient processes for working with out-of-state personal representatives to minimize delays.

Court Backlogs: Different Florida counties have varying court backlogs. High-volume counties sometimes have longer waits for routine hearings, though our relationships with local court staff and familiarity with each county’s procedures help expedite matters when possible.

Our Fee Structure:

Unlike many Florida probate attorneys who use percentage-based fees tied to estate value, we use a flat fee structure for the straightforward, uncontested administrations we handle. This provides cost certainty for referring attorneys and their clients.

Summary Administrations: Our summary administrations start at $1,500. The flat fee covers preparation and filing of all required documents, coordination with beneficiaries, and handling the streamlined court process. Summary administration works well for smaller estates or estates where the decedent died more than two years ago.

Formal Administrations and Ancillary Administrations: Our formal and ancillary administrations start at $7,500. The flat fee is based on the number of assets and beneficiaries involved, which allows us to accurately predict the effort required based on our extensive experience.

Most matters referred by out-of-state attorneys involve limited Florida assets—perhaps a condo, a bank account, and an investment account—with clearly identifiable beneficiaries. These straightforward scenarios allow us to provide accurate flat fee quotes upfront. An estate with just a Florida condo and two beneficiaries requires significantly less effort than an estate with six properties, 25 bank accounts, and 12 beneficiaries, and our fees reflect this reality.

Why Flat Fees Work for These Cases: Typically, probates referred by out-of-state lawyers have limited Florida assets and identifiable beneficiaries. Our extensive experience allows us to accurately predict the effort required by such administrations. We can usually provide a firm flat fee quote after a brief conversation about the estate’s asset and beneficiary profile.

Getting a Fee Quote: We encourage you to call us at our Boca Raton office to discuss the specific estate and receive our written fee quote. A brief conversation about the number of Florida assets, the types of assets involved, and the beneficiary situation allows us to provide an accurate flat fee quote that gives you and your client cost certainty from the beginning.

Additional Costs: Beyond our attorney fees, estates incur court filing fees (typically $400-$500), publication costs for the Notice to Creditors ($150-$400), and any necessary appraisal or valuation costs for real property or other assets. If real property must be sold, standard real estate closing costs apply. We provide a comprehensive cost estimate upfront so clients understand all anticipated expenses.

No Surprise Billing: Our flat fee structure means no surprise bills or unexpected cost overruns for straightforward administrations. The fee we quote is the fee you pay, absent truly extraordinary circumstances that fundamentally change the nature of the representation.

Effective communication between Florida probate counsel and referring attorneys is essential for maintaining client relationships and ensuring smooth estate administration. We’ve developed communication protocols specifically designed for attorney referral partners.

Initial Case Assessment: Within 24-48 business hours of receiving case materials from a referring attorney, we provide a comprehensive initial assessment including our evaluation of case complexity, estimated timeline, our flat fee quote, potential complications we’ve identified, and our recommended approach. This allows you to discuss options with your client based on accurate, current information rather than vague generalities.

Regular Status Updates: We provide monthly status updates (or more frequently for active cases) summarizing recent developments, upcoming deadlines, and any required client decisions or actions. These updates keep you informed without overwhelming you with routine procedural details. For attorneys who prefer more frequent communication, we can provide weekly or bi-weekly updates. For those who prefer less frequent contact, quarterly updates with immediate notification of significant developments work well.

Major Development Notifications: We immediately notify referring attorneys when significant developments occur—court orders entered, creditor claims filed, property offers received, settlement opportunities emerging, or unexpected complications discovered. You’ll never learn about important case developments from your clients before hearing from us. This immediate notification applies to both positive developments (estate closing sooner than expected, property selling above asking price) and challenges (major creditor claims, beneficiary questions, title issues).

Document Sharing: We copy referring attorneys on all significant pleadings, court orders, accountings, and correspondence. You receive copies of petitions for administration, notices to creditors, estate inventories, final accountings, and closing documents. We use secure document sharing systems that allow you to access case files 24/7 rather than requiring you to call and request documents. This transparency ensures you can answer client questions immediately without waiting for us to respond.

Client Communication Coordination: We coordinate our client communication approach based on your preferences. Some referring attorneys prefer that we communicate directly with clients while copying the attorney on all communications. Others want to be the primary point of contact with our updates going through them for relay to clients. We adapt to whatever arrangement works best for your attorney-client relationship. We’ll never communicate with your clients in ways that could undermine your relationship or position.

Strategic Consultation: For decisions requiring client input—property sale decisions, distribution strategies, or timing considerations—we consult with referring attorneys to ensure coordinated advice and unified presentation to clients. We don’t make recommendations to clients that might conflict with advice you’ve provided or strategies you’ve discussed. This coordination prevents confusion and ensures clients receive consistent guidance.

Co-Counsel Participation: When referring attorneys choose to co-counsel rather than simply refer matters, we include them in all substantive communications, strategy discussions, and client meetings (in-person or virtual). We treat co-counsel relationships as true partnerships where both firms contribute expertise. Co-counsel receive access to our case management systems for real-time case status information.

Accessibility: We respond to attorney inquiries within the same business day and typically much faster. We understand that when your clients contact you with questions about their Florida probate matters, you need quick, accurate information to maintain your trusted advisor role. Our attorneys provide direct phone numbers and email addresses to referring counsel—you won’t be routed through multiple staff members or left waiting for callbacks.

Post-Closing Follow-Up: After estates close, we follow up with referring attorneys to ensure satisfaction and address any final questions. We also provide referral partners with summary reports of estates we’ve handled for their clients, which proves useful for their files and future reference.

Our communication approach recognizes that referring attorneys maintain important relationships with these clients and deserve professional courtesy, transparency, and respect throughout the Florida probate process. We view communication as a critical component of our service, not an afterthought.

We focus on uncontested administrations for straightforward estates—the matters that constitute the vast majority of Florida probate cases referred by out-of-state attorneys. However, we understand that not every case fits neatly into predictable categories, and complications sometimes emerge during administration.

Initial Case Assessment: When out-of-state attorneys contact us about potential Florida probate matters, we conduct a thorough initial assessment to determine whether the case aligns with our practice focus. We evaluate:

  • Asset Profile: How many Florida assets are involved? Most cases we handle involve limited Florida assets—perhaps a condo, a bank account, and an investment account. Estates with 25 different financial accounts, multiple properties, and complex business interests may require more specialized counsel, though we can often handle these efficiently depending on the circumstances.
  • Beneficiary Situation: Are beneficiaries clearly identified and in agreement? Straightforward estates typically have a surviving spouse and children, or siblings sharing the estate equally, with everyone in agreement about the administration. When there are numerous beneficiaries with complicated relationships or known disagreements, this raises complexity concerns.
  • Potential Disputes: Are there any threatened or anticipated will contests, beneficiary disputes, or significant creditor challenges? We handle uncontested administrations, so known disputes requiring litigation expertise would need specialized counsel.
  • Homestead Issues: For estates involving Florida real property, does the property potentially qualify as homestead with constitutional protections and devise restrictions? Straightforward homestead situations we handle regularly; complex homestead disputes may need litigation counsel.
  • Estate Planning Quality: Was the Will properly executed under Florida law? Are there potential validity issues? Routine administration of valid Wills is our focus; contested validity issues require litigation specialists.

What We Handle Well: The typical estate referred by an out-of-state attorney involves:

  • A Florida condo or home (or perhaps 2-3 properties)
  • Bank and investment accounts at 2-5 institutions
  • 2-6 clearly identified beneficiaries
  • A properly executed Will or straightforward intestacy situation
  • No significant disputes among beneficiaries
  • Routine creditor claims (final expenses, utilities, perhaps medical bills)

These straightforward estates benefit from our efficient processes and extensive experience. We know exactly how to move these cases smoothly through Florida’s probate system, and our flat fee structure provides cost certainty.

When Complications Emerge: Sometimes issues arise during administration that weren’t apparent initially:

Unexpected Creditor Claims: Most creditor claims are routine—final utility bills, medical expenses, credit card balances. We handle objections to improper claims as part of our standard administration. However, if unusually large or complex creditor disputes arise requiring extensive litigation, we work with colleagues who specialize in contested creditor matters to ensure your client receives appropriate representation.

Beneficiary Disagreements: In most estates, beneficiaries cooperate and simply want the estate settled efficiently. Occasionally, disagreements arise about asset distribution, valuations, or timing. We work to resolve these through clear communication and negotiation. If disputes escalate to require litigation beyond routine motions, we have established relationships with Florida litigation specialists who handle contested probate matters, and we can coordinate appropriate representation while maintaining involvement in the administrative aspects.

Title or Property Issues: Real property sometimes has title defects, boundary disputes, or other complications that weren’t apparent initially. We work with title companies, real estate attorneys, and surveyors to resolve these issues. Our in-house real estate capabilities often allow us to handle property issues that would require separate counsel at other firms.

Homestead Complications: Sometimes homestead status is unclear—did the out-of-state resident establish sufficient Florida residency for the property to qualify as homestead? We analyze these situations based on Florida case law. Straightforward homestead determinations we handle routinely; contested homestead disputes involving extensive litigation would require specialized counsel with whom we regularly work.

Discovery of Additional Assets: Sometimes assets not initially disclosed become apparent during administration. We investigate and pursue recovery of estate assets when appropriate. If asset recovery requires extensive litigation, we coordinate with our colleagues who specialize in contested matters.

Complexity Assessment: If a matter initially appears straightforward but proves more complex than anticipated, we promptly advise the referring attorney and client. Options include:

  • Continuing with us if the complexity is manageable within our practice focus
  • Coordinating with litigation specialists with whom we regularly work while we continue handling the administrative aspects
  • Facilitating introduction to colleagues who specialize in contested probate if extensive litigation becomes necessary

Our Commitment: We never leave referring attorneys or clients stranded. If a matter requires expertise beyond our uncontested administration focus, we work with trusted colleagues who specialize in contested Florida probate matters and help coordinate appropriate representation. Our established relationships with Florida probate litigation specialists mean we can facilitate appropriate referrals when necessary while often remaining involved in the administrative aspects of the case.

Transparent Communication: We promptly notify referring attorneys when unexpected complications arise, provide our assessment of how the complications affect the case, discuss options for addressing the issues, and coordinate our response with the referring attorney. Cost transparency remains important—if complications require work beyond our initial flat fee quote, we discuss this upfront.

The vast majority of estates referred by out-of-state attorneys proceed smoothly through uncontested administration with no significant complications. Our experience allows us to identify potential issues early and address them efficiently, keeping estates moving forward toward timely closure.

Out-of-state attorneys referring Florida probate matters—particularly for clients who own Florida vacation properties or retirement homes—must understand Florida’s unique homestead laws. These constitutional protections dramatically impact estate administration and frequently surprise attorneys unfamiliar with Florida law.

What is Florida Homestead Property? Florida Constitution Article X, Section 4 provides exceptional protections for a decedent’s homestead property. These protections include:

  • Creditor protection (homestead property is generally exempt from forced sale to satisfy creditor claims)
  • Devise restrictions (constitutional limitations on who can inherit homestead property)
  • Preferential treatment in estate distribution
  • Property tax benefits (Save Our Homes cap on assessment increases)

The Critical Question for Out-of-State Residents: For clients who split their time between their home state and Florida—perhaps maintaining a residence in their home state while owning a Naples condo, or spending winters in Fort Lauderdale—the homestead determination becomes critical.

Did they intend the Florida property as a permanent residence, or was it simply a vacation home? This distinction dramatically impacts probate administration, creditor rights, and surviving spouse rights. Unlike the more straightforward real property laws in most other states, Florida homestead status depends on subjective intent, actual use patterns, voter registration, driver’s license, vehicle registration, tax return filing addresses, and other factors evidencing where someone considered their permanent home.

Determining Homestead Status: Florida courts examine multiple factors to determine homestead status:

  • The decedent’s expressed intent to make the property their permanent residence
  • Actual physical presence at the property (how many days per year spent there)
  • Where the decedent was registered to vote
  • Where the decedent held a driver’s license
  • The address used on tax returns and other official documents
  • Where the decedent received mail and maintained bank accounts
  • Property size limitations (up to 160 acres of rural property or one-half acre of property within a municipality)

No single factor is determinative, and courts evaluate the totality of circumstances. This creates uncertainty for residents of other states with Florida properties who may not have considered themselves Florida residents but spent significant time at Florida properties.

Creditor Protection Implications: Florida homestead property is generally protected from creditor claims, even in probate. This means that if a Florida decedent dies with significant debts but owns homestead property, creditors typically cannot force the sale of that homestead to satisfy debts. This contrasts sharply with laws in most other states where real property is generally available to satisfy creditor claims.

For out-of-state attorneys whose clients are creditors of Florida estates, understanding homestead protection is essential for evaluating claim recovery likelihood. A Florida estate with a $2 million home and $500,000 in debts may leave creditors completely unpaid if the home qualifies as homestead property.

Conversely, for out-of-state attorneys representing Florida estate beneficiaries, homestead protection can preserve valuable property for family members despite outstanding debts—but only if the property actually qualifies as homestead.

Devise Restrictions—Who Can Inherit: Florida Constitution restricts who can inherit homestead property if the decedent is survived by a spouse or minor children:

  • If survived by a spouse alone (no minor children): Homestead property passes to the spouse regardless of will provisions attempting to devise it elsewhere
  • If survived by a spouse and minor children: The spouse receives a life estate with remainder to children (both minor and adult children), regardless of contrary will provisions
  • If survived by minor children but no spouse: The property passes to the children, with guardianship arrangements for management during minority

These restrictions mean that will provisions attempting to leave Florida homestead property to adult children when a spouse survives, or to anyone other than spouse and minor children when both survive, are void as to the homestead property. This frequently creates situations where Florida estate administration differs dramatically from what the will appears to direct.

For example, a will stating “I leave my Florida home to my daughter from my first marriage” is ineffective if the testator was survived by a current spouse—the homestead property passes to the spouse by operation of constitutional law, regardless of the will’s provisions.

Elective Share Complications: Florida’s elective share provisions interact complexly with homestead protections. A surviving spouse may be entitled to:

  • Homestead property (or a life estate if minor children survive)
  • An elective share of 30% of the elective estate
  • Exempt personal property up to $20,000
  • A family allowance for support during administration

These rights can overlap and create layered claims on estate assets. A surviving spouse might receive homestead property worth $1 million, plus 30% of other estate assets, plus exempt personal property and family allowance—potentially receiving far more than the testator intended.

Waiver of Homestead Rights: Homestead rights can be waived, but waivers must be made in writing and with formalities required for conveying real property in Florida. Prenuptial agreements often include homestead waivers, but the waiver language must be specific and clear. Generic language waiving “all rights in the other spouse’s estate” may not effectively waive homestead rights.

Planning Implications: For out-of-state attorneys whose clients own Florida property, understanding homestead implications is essential for proper estate planning advice:

  • Clients intending Florida property to pass to someone other than a spouse should avoid establishing Florida residency or should use alternative ownership structures (like properly funded trusts)
  • Blended family situations require careful planning as Florida’s homestead restrictions can defeat plans to provide for children from prior marriages
  • Clients with significant debts should understand that establishing Florida homestead could protect property from creditors
  • Estate plans prepared under the laws of other states may work completely differently in Florida due to homestead restrictions

Why This Matters for Referring Attorneys: Florida wills drafted without considering homestead restrictions may not accomplish the testator’s goals. Estate plans that work perfectly under the laws of other states may fail dramatically in Florida. When your clients own Florida property, understanding whether it qualifies as homestead is essential for proper estate planning and probate administration advice.

Our Florida probate expertise includes analyzing homestead status based on Florida case law and handling straightforward homestead determinations as part of routine administration. For complex or contested homestead issues requiring litigation, we can coordinate with specialized counsel.

Out-of-state attorneys can provide tremendous value to clients by helping them understand how proper estate planning can avoid or simplify Florida probate for their vacation homes, retirement properties, or investment real estate in Florida.

Our Florida Estate Planning Drafting Expertise:

While our firm is widely recognized for Florida probate administration, we’ve also developed extensive expertise in drafting Florida estate planning documents over our years of practice. We don’t just administer estates after death—we help clients avoid probate entirely through sophisticated, properly executed Florida estate planning.

Our Florida estate planning drafting services include preparation of revocable living trusts, Florida Wills complying with Florida execution requirements, enhanced life estate deeds (Lady Bird Deeds), transfer deeds funding trusts with Florida real property, and coordinated estate plans addressing both out-of-state and Florida assets. We understand the nuances of Florida law that make the difference between estate plans that work and those that fail—proper witness requirements for Florida Wills, specific language necessary for enhanced life estate deeds, homestead considerations affecting estate planning options, and coordination between Florida and other states’ estate planning documents.

Many out-of-state attorneys prepare trust documents for clients with Florida property but aren’t familiar with Florida-specific requirements for properly transferring Florida real property into trusts. Our years of experience drafting and recording Florida deeds, combined with our understanding of Florida homestead laws and estate administration procedures, means we know how to implement estate plans that actually accomplish clients’ goals. We’ve seen too many cases where sophisticated planning documents were prepared by out-of-state counsel, but the Florida property was never properly transferred to the trust, rendering the planning ineffective and requiring probate that should have been avoided.

Why Probate Avoidance Matters: Florida probate, while manageable with experienced counsel, involves court supervision, mandatory waiting periods (minimum 3-6 months for formal administration), publication requirements, and costs that can be avoided through proper planning. For residents of other states who own Florida property—whether near the beaches of Palm Beach County or the retirement communities of Southwest Florida—advance planning saves time, money, and stress for their families.

Revocable Living Trusts: The most comprehensive probate avoidance strategy involves transferring Florida real property into a revocable living trust. The grantor (property owner) maintains complete control during life—they can sell the property, refinance it, or revoke the trust entirely. But upon death, the property passes according to trust terms without probate court involvement. The successor trustee simply administers the trust according to its provisions.

Our firm prepares revocable living trusts specifically designed for clients with assets in multiple states. We draft trust provisions that address Florida’s unique legal requirements—homestead considerations, elective share implications, and creditor protection rules—while coordinating with your practice and any estate planning documents in your jurisdiction. We can prepare comprehensive trusts that provide unified estate planning across jurisdictions.

Key advantages include:

  • Complete avoidance of Florida probate court proceedings
  • Privacy (trust administration is not a public court proceeding)
  • Faster distribution to beneficiaries (no mandatory waiting periods)
  • Lower overall costs (no court filing fees, publication costs, or statutory personal representative fees)
  • Continued flexibility during life (full control over property)
  • Coordination with overall estate planning goals

Critical Trust Funding: The critical step that many estate plans miss is actually funding the trust—executing and recording a deed transferring the Florida property from individual ownership to the trustee. We prepare Florida deeds that comply with Florida statutory requirements, include all necessary legal descriptions and recording information, contain proper execution formalities (Florida requires two witnesses and notarization), and get properly recorded in the appropriate Florida county.

Many clients execute trust documents but never complete the property transfer, leaving the property still in individual ownership and requiring probate despite their planning efforts. Our experience with Florida real property transfers ensures this critical step is completed correctly, and we follow through to confirm recording in Florida county records.

Enhanced Life Estate Deeds (Lady Bird Deeds): We draft enhanced life estate deeds, commonly called “Lady Bird Deeds,” which allow property owners to retain a life estate with the power to sell, mortgage, or otherwise deal with the property during life, while designating remainder beneficiaries who automatically receive the property at death without probate.

Our Lady Bird Deed drafting includes specific language required under Florida law, provisions preserving the life tenant’s full control during life, proper remainder beneficiary designations, homestead considerations, and compliance with Florida recording requirements.

Key advantages include:

  • Property passes automatically to remainder beneficiaries at death
  • Life tenant retains complete control during life (can sell, mortgage, or change beneficiaries)
  • No probate required
  • Relatively inexpensive compared to full trust-based planning
  • May protect property from Medicaid estate recovery in some circumstances

Limitations include:

  • Only works for real property (doesn’t address other Florida assets)
  • Can create complications if life tenant wants to sell property
  • May have gift tax implications in some circumstances
  • Doesn’t provide the comprehensive planning advantages of a full trust

Lady Bird Deeds work well for clients with modest Florida real estate holdings who want simple, cost-effective probate avoidance without the complexity of trust administration. Our experience drafting these specialized deeds ensures they’re properly executed and will accomplish the intended probate avoidance.

Florida Wills: For clients who don’t transfer Florida property into trusts or enhanced life estate deeds, properly drafted Florida Wills are essential. Florida has specific execution requirements that differ from many other states—Florida requires two witnesses who sign in the presence of the testator and each other, plus notarization for self-proving affidavits.

We draft Florida Wills that comply with all Florida execution requirements, address Florida homestead restrictions, include provisions for Florida elective share considerations, coordinate with estate planning documents from other jurisdictions, and include self-proving affidavits to streamline probate administration.

A Will properly executed under Florida law may avoid challenges and complications during probate administration. Wills executed in other states may be valid in Florida, but ensuring compliance with Florida formalities provides additional security and can prevent validity challenges.

Coordinating Multi-State Planning: Many clients need estate planning that addresses assets in multiple states effectively. We work collaboratively with out-of-state attorneys to ensure coordinated planning:

  • We can prepare Florida-specific documents (deeds, Florida Wills, Florida trust provisions) that coordinate with your estate planning in your jurisdiction
  • We review estate planning documents from other states to identify Florida-specific issues requiring attention
  • We consult on how Florida homestead laws and elective share rules affect overall estate plans
  • We ensure Florida property is properly titled and transferred according to the estate plan
  • We provide ongoing review to ensure trust funding and property titling remain correct

This collaborative approach allows out-of-state attorneys to maintain the primary client relationship while ensuring Florida-specific requirements are properly addressed. You provide comprehensive estate planning advice incorporating our Florida expertise, and your clients benefit from coordinated planning that works effectively in all relevant jurisdictions.

Joint Tenancy and Tenants by Entireties: For married couples, we prepare deeds creating joint tenancy with rights of survivorship or tenancy by the entireties ownership, both of which provide probate avoidance at the first spouse’s death. These ownership forms work well for married couples who want straightforward probate avoidance without the complexity of trusts.

However, these strategies only postpone probate until the second spouse’s death—they don’t eliminate probate entirely. Additionally, they provide no flexibility for blended family situations. We help clients understand when these simpler strategies work and when more sophisticated planning is necessary.

The Incomplete Planning Problem We See Repeatedly: In our years of Florida probate practice, we regularly encounter situations where sophisticated estate planning documents were prepared by out-of-state attorneys, but the Florida property was never actually transferred to the trust or the deeds were improperly executed under Florida law. This results in probate cases that should have been avoided entirely.

Common problems include:

  • Trust documents prepared but no deed ever executed transferring property to trust
  • Deed prepared but never recorded in Florida county records
  • Deed improperly executed under Florida law (missing required witnesses, improper notarization, insufficient legal description)
  • Property refinanced after trust funding, with new mortgage requiring property be taken out of trust (and never transferred back in)
  • Lady Bird Deeds drafted by non-Florida attorneys lacking required language under Florida law
  • Wills executed without proper Florida formalities, creating potential validity challenges

These problems cause unnecessary probate administration, increased costs, and delays that frustrate beneficiaries. Proper implementation by attorneys familiar with Florida requirements prevents these issues.

Proactive Planning Consultations: We encourage out-of-state attorneys to involve us in estate planning discussions before clients pass away—when proper planning can avoid probate entirely. We provide consultations on:

  • Whether clients’ existing estate plans will work effectively for Florida property
  • What Florida-specific documents are needed to implement probate avoidance strategies
  • How Florida homestead status affects available planning options
  • Proper titling of Florida property for married couples
  • Coordination between Florida and other states’ estate planning documents
  • Implementation steps to ensure planning documents actually accomplish their goals

This proactive approach provides additional value to your clients while preventing probate problems. Clients appreciate comprehensive planning advice that addresses all relevant jurisdictions, and you strengthen client relationships by demonstrating thoroughness and foresight.

Our Comprehensive Approach: When out-of-state attorneys engage us for Florida estate planning drafting, we provide:

  • Initial consultation reviewing the client’s situation, goals, and existing planning documents
  • Preparation of Florida-specific estate planning documents (trusts, Wills, deeds, beneficiary designations)
  • Coordination with your estate planning to ensure consistency across jurisdictions
  • Proper execution of documents under Florida law with required formalities
  • Recording of deeds and other documents in appropriate Florida counties
  • Follow-up to confirm proper implementation and trust funding
  • Ongoing availability for questions as clients’ situations change

Making Estate Planning a Part of Every Florida Property Discussion: Proper multi-state planning protects your clients’ assets and families. When out-of-state attorneys identify clients with Florida property, the conversation should include estate planning to avoid future probate. Our Florida estate planning drafting expertise, combined with your knowledge of your clients’ overall situations, provides comprehensive solutions that work. By involving us in planning discussions, you provide better service to your clients, potentially avoid future probate expenses, and strengthen your position as a comprehensive, thoughtful advisor who considers all aspects of your clients’ legal needs.

We’re available to discuss Florida estate planning for your clients’ situations and provide drafting services that ensure their planning actually works under Florida law. Call us to discuss how we can help your clients avoid Florida probate through proper planning—before it’s too late and probate becomes necessary.