Estate Planning, Wills & Trusts — Frequently Asked Questions

Q1. I don’t have a large estate. Do I still need an estate plan?

Most people benefit from at least a basic plan, regardless of net worth. Planning isn’t only about distributing wealth — it’s about keeping decisions in your hands. A thoughtful plan names the people who can act for you financially and medically if you’re ever unable to, and it tells the world who should receive what you leave behind.

If you own a home, have savings, or are responsible for children or a loved one, a plan spares your family guesswork and added expense later. We can help you right-size a plan so you’re paying for what you need and nothing you don’t.

Q2. What’s the difference between a will and a revocable living trust?

Think of timing and oversight. A will speaks only after you pass away; it directs who inherits, names a personal representative to settle your affairs, and lets you nominate a guardian for minor children.

A revocable living trust can work for you while you’re alive — you keep full control, and if you become incapacitated, the person you’ve chosen can step in to manage things without court involvement. Property correctly titled in a trust also generally transfers to your beneficiaries without going through probate.

Neither tool is automatically “better”; the right choice depends on your assets and goals, which is exactly what an initial conversation sorts out.

Q3. What happens in Florida if I pass away without a will?

Florida’s intestacy statutes (Chapter 732) take over and decide who inherits — generally your closest relatives, in a fixed legal order. That outcome may not reflect what you actually wanted: stepchildren, unmarried partners, friends, and charities typically receive nothing under those default rules, and blended-family situations can produce results that surprise everyone.

A valid will replaces the state’s one-size-fits-all formula with your own instructions. (Florida also does not honor handwritten, unwitnessed, or spoken wills, so how a will is signed and witnessed matters as much as what it says.)

Q4. What documents go into a basic Florida estate plan?

For many Floridians, a solid foundation includes five pieces working together:

• A Last Will and Testament
• In some cases, a Revocable Living Trust
• A Durable Power of Attorney so someone you trust can handle finances if you can’t
• A Designation of Health Care Surrogate to name your medical decision-maker
• A Living Will expressing your wishes about end-of-life care

The first two govern what happens after death; the last three protect you during life if illness or injury leaves you unable to act. We’ll help you decide which of these your situation actually calls for.

Q5. Does a trust help me avoid probate — and will it cut my estate taxes?

A properly funded revocable living trust can help your estate bypass probate, which often means a faster, more private transfer for your family. Tax savings, though, are usually not the reason to create one. Florida imposes no state estate tax or inheritance tax, and the federal estate tax reaches only very large estates — the federal exemption sits at $15 million per person as of 2026.

For most families, the real value of a trust is avoiding probate, maintaining privacy, and ensuring continuity if you become incapacitated. We can tell you candidly whether those benefits justify the cost in your case.

Q6. I moved to Florida from another state. Is my existing will or trust still valid?

Maybe — but “still valid” isn’t the same as “still right for Florida.” Even a perfectly valid out-of-state will is worth a Florida review, because the documents that travel with it often don’t carry over as smoothly. A financial power of attorney, health care surrogate, and living will are state-specific and tend to work better when updated to match Florida law and what local banks and hospitals expect.

Florida’s homestead protections for your home also work differently than other states’ rules. A revocable living trust created elsewhere usually remains valid too, but it’s worth confirming it’s properly funded and that any Florida property is titled correctly.

A move isn’t the only reason to take a look. Marriage, divorce, a new child or grandchild, the loss of someone you named to act for you, or a significant change in your finances or health can all call for an update — regardless of where you live.

Welcome to Florida. Once you’re settled, we’re glad to review what you already have and tell you plainly whether it needs anything or whether you’re in good shape as is.

Q7. How often should I review or update my estate plan?

A good rule of thumb is to revisit your plan every few years, and any time life changes in a meaningful way. The documents you signed five or ten years ago reflect the family, finances, and wishes you had then.

It’s worth a fresh look after events like a marriage or divorce, the birth or adoption of a child or grandchild, the death of a spouse or someone you named to act for you, a significant change in your assets or the sale or start of a business, a move to a new state (including your move to Florida), or a change in your health.

Even when nothing dramatic has happened, a periodic check confirms the people you’ve named are still the right ones and that your documents still say what you intend. Reviewing doesn’t always mean rewriting — sometimes everything still fits and you simply confirm you’re set. If it’s been a while, reach out and we’ll take a look together.

 

Probate & Trust Administration — Frequently Asked Questions

Q1. What is probate, and does every estate have to go through it?

Probate is the court process that transfers a deceased person’s assets, settles valid debts, and delivers what’s left to the right people. It’s generally needed only for assets the person owned in their name alone, with no beneficiary named and no co-owner with survivorship rights.

Many common assets skip probate entirely — life insurance and retirement accounts with named beneficiaries, “payable on death” accounts, jointly held property, and anything titled in a trust. Often the first useful step after a loss is simply sorting which assets require court involvement and which don’t.

Q2. There’s a will — do we still have to go through probate?

This is one of the most common questions we hear, and the answer surprises many people: usually, yes. A will doesn’t avoid probate — it guides it. Think of the will as the instructions for the process: it names the person who should settle the estate and sets out who receives what.

For those instructions to take legal effect, the will is filed with the court and the estate is administered through probate. Whether probate is needed at all comes down to how the assets were owned, not whether there’s a will.

Q3. What’s the difference between summary and formal administration in Florida?

Florida offers two main paths. Formal administration is the full, court-supervised process: the court appoints a personal representative, creditors receive notice, and the estate is administered under court oversight — commonly running six months to a year or longer when matters are complex.

Summary administration is a shorter, simpler route for smaller estates. It’s available when the person has been deceased for more than two years, or when the non-exempt probate assets fall under a statutory dollar limit (increasing to $150,000 for deaths on or after July 1, 2026). We’ll determine which track fits and handle the filings either way.

Q4. How long does probate take, and what will it cost?

Every estate is different, so the timeline depends on the details. A straightforward summary administration can resolve comparatively quickly, while formal administration often runs several months to a year or more — influenced by the size and complexity of the estate, the creditors involved, and whether any disputes arise.

We know waiting is hard, especially while you’re grieving, so we keep things moving and keep you informed at each step.

Q5. I’ve been named personal representative or trustee. What now — and do I need an attorney?

You don’t have to navigate it alone. A personal representative collects assets, notifies and pays valid creditors, and distributes what remains. A trustee carries out the trust’s terms. These roles carry real legal duties and potential personal liability, and Florida generally requires a personal representative in formal administration to be represented by an attorney.

We routinely serve as counsel to personal representatives and trustees — tracking deadlines, preparing filings, and answering your questions — so you can focus on your family instead of court procedure.

Q6. A relative who lived out of state died owning property in Florida. What’s required?

When someone who lived elsewhere passes away owning Florida real estate — often a vacation home or condo — Florida usually requires an “ancillary administration” to transfer that property to the heirs or beneficiaries. You don’t need to travel here to get it done: we can handle much of the process remotely, which saves both you and the estate time and expense.

Q7. I live outside Florida and I’ve been named personal representative or successor trustee of a Florida estate or trust. Can you still help me?

Yes. Serving as a personal representative or successor trustee from another state can feel daunting, but it rarely needs to be. In many matters we can handle much of the administration remotely, so you often don’t need to travel here. We manage the filings, track the deadlines, handle the court communications, and keep you informed at every step, wherever you live.