Nelson C. Keshen, P.A.

Is there a way to speed up the probate process in Florida?

2026-07-06T11:46:47Z

The grief of losing a loved one can increase when you think about Florida’s probate process. This usually takes a lengthy period, which can prevent you and your family from moving on. You may have the option to expedite the process, provided that you meet the state’s eligibility requirements.

How Florida’s summary administration works for families

A summary administration is the shorter and less expensive probate process. Unlike traditional probate, this can conclude within a few weeks. It is important to note that not all families in Florida qualify for summary administration. You may only apply for this if the decedent’s non-exempt probate estate value does not exceed $150,000 starting July 1, 2026. If a family member passed away before the effective date, you can only petition for summary administration if their estate value does not exceed $75,000.

Kinds of assets that go through probate

Not all belongings of your loved one count in probate. Common probate assets usually include:

Real estate property titled in the decedent’s name
Cars, motorcycles and boats
Artworks, cryptocurrencies, collectibles and jewelry
Business interests and physical cash
Bank or brokerage accounts with no designated beneficiaries

Calculating the sum of all these values will determine whether you can use summary administration. Exempt assets, such as the family home, two personal vehicles and accounts with designated beneficiaries, do not count toward the cap.

When the two-year rule exception applies

You can also apply for summary administration if the decedent has been deceased for more than two years. This means that estates that exceed the financial threshold can bypass the lengthy process. The reason why this rule exists is because of Florida’s statute of repose for creditors. They must file their claims within two years of the decedent’s death. If this window passes without creditor claims, the court can safely transfer the estate to the beneficiaries. However, you cannot proceed with a summary administration if the decedent’s will forbids it. The court respects any defined terms that command the estate to go through formal administration.

Proceeding with caution and proper guidance

Summary administration can save your family time and money, but only if your eligibility is calculated perfectly. Missing a single non-exempt asset can disrupt the entire process.

Eliminate the guesswork. Put decades of proven Florida probate experience in your corner. Contact [nap_names id="FIRM-NAME-1"], today to schedule a consultation and to secure the experienced guidance your family deserves.

Common estate planning mistakes you should avoid

2026-04-29T13:50:37Z

In Florida, even a well-drafted estate plan can fall short if it is not kept current or tailored to the state’s unique laws. Many people unintentionally create problems for their families by overlooking a few common issues that creep up repeatedly when developing an estate plan. Knowledge is power, and here are some of the most common mistakes that everybody should know about.

The top pitfalls in estate planning

1. Over-Reliance on Joint Ownership or POD Designations

Some individuals try to simplify planning by using joint ownership, payable-on-death or transfer-on-death designations. While these tools can be useful in certain situations, they can also cause unintended consequences if they are not part of a broader estate planning strategy. Adding a child or another person to an account or property may unintentionally disinherit other beneficiaries, expose assets to that person’s creditors or limit your control over an asset during your lifetime.

2. Ignoring Beneficiary Designations

Beneficiary designations should be explicitly addressed when estate planning, although not in foundational documents like a will or trust. Retirement accounts and life insurance policies pass according to the contract on file, not the instructions in a will or trust. If those designations are outdated, they can override the intentional structure of your broader estate plan.

3. Neglecting Incapacity Planning

Planning for incapacity is also necessary. Estate planning is not only about what happens after death. Without updated documents such as a durable power of attorney, health care surrogate designation and HIPAA authorization, loved ones may have difficulty managing finances or making medical decisions if you become unable to do so.

4. Overlooking Florida’s Unique Homestead Laws

Florida’s homestead and family protection rules also require special attention. The state provides unique protections for a primary residence, but it also imposes restrictions on how that property can be transferred, particularly when a spouse or minor children are involved. A plan that worked in another state may not comply with Florida law, potentially leading to unintended results or legal challenges.

5. Failing to Update After Major Life Changes

Once an estate plan has been created, know that failing to update an estate plan after a major life change can also be problematic. Marriage, divorce, the birth of a child, a death in the family or a move to Florida can all affect how assets should be distributed. Yet many people continue relying on documents that reflect an earlier stage of life. An outdated will or trust can lead to unintended beneficiaries, confusion and probate disputes. Avoiding these mistakes starts with regular review and thoughtful planning. Working with an experienced Florida estate planning legal team can help to better ensure that your documents reflect your current wishes, comply with state law and provide clear guidance for your family.

Inheritance traps that can impact blended families

2026-04-20T12:30:14Z

Starting a blended family can be an exciting change for parents and their children. Yet, issues inevitably arise when family dynamics shift. For example, there are major estate planning and inheritance issues to address when establishing a blended family in Florida. Specifically, there are inheritance traps that people may overlook if they don't specifically revise their estate plans to reflect their new family arrangement. What do parents who have recently remarried need to need to know to protect themselves, their loved ones and their legacies?

A simple will may not be sufficient

Relying on just a will or failing to create an estate plan is perhaps the most common blended family inheritance trap. People who live with and support their stepchildren may assume that they have automatic legal protection. However, stepchildren generally only have the right to inherit if an estate plan allocates assets to them as named beneficiaries or their stepparents legally adopt them. Intestate succession laws in Florida do not protect stepchildren in a blended family scenario. Additionally, a simple will may not hold up under scrutiny in probate court in the event of a dispute. Florida does not enforce no contest clauses, which means that anyone with an interest in the estate could potentially challenge the will in court without risking their inheritance.

The impact of spousal inheritance rights

Spouses have a legal right to inherit from one another's estates. Neither spouse can unilaterally disinherit the other by allocating all of their resources to other beneficiaries, even if those beneficiaries are their children from a prior relationship. Florida allows a surviving spouse to receive a minimum of 30% of the deceased individual’s estate, even if they are not included in a will.

Beneficiary designation issues are common

People with financial accounts and life insurance policies may file beneficiary designations with their insurance companies or financial institutions. Those internal documents dictate who actually receives life insurance proceeds or takes control of an account after the current owner's death. Outdated beneficiary designations can complicate probate proceedings, as they generally take priority over any language in a will intended to allocate those resources to specific beneficiaries.

What documents should people update?

Numerous documents require revision when an estate plan is impacted by the creation of a blended family. The documents that people may need to review with a skilled legal team include:

Wills
Trusts
Powers of attorney
Living wills
Healthcare surrogate designations

Updating all of these documents can help ensure that an estate plan extends appropriate protection to all members of a newly-established blended family. Working with a Florida estate planning attorney is critical for those with complex familial and financial circumstances. Proper guidance can make it easier to avoid common Florida inheritance traps when family circumstances change.