Top Ten Probate Issues In Florida

Probate in Florida is rarely simple. Even when a family believes everything is organized, the legal process often brings many problems.

Things like…

• delays
• unexpected costs
• emotional stress
• and disputes that no one anticipated

are all major bottlenecks.

Over years of handling probate cases across Florida, the same issues appear again and again — regardless of the size of the estate.

This guide brings together the Top Ten Florida Probate Issues that families, personal representatives, spouses, and beneficiaries most commonly face. These issues are based on real Florida probate cases and reflect how Florida law actually works in practice and not just how it looks on paper.

Florida Probate Issue #1: How Long Does Probate Really Take in Florida?

One of the first questions almost every client asks is how long will probate take in Florida. The honest answer in Florida is simple: it depends.

Why Cases Go Smoothly

Some probate cases move smoothly and efficiently when…

• documents are complete
• beneficiaries cooperate
• the estate is well planned

Why Cases Stretch Long

Others take months (or even years in some cases!). Simply because of…

• missing paperwork
• unanswered questions
• disputes between heirs
• court-required waiting periods

Florida Probate Mandatory Three Month Creditor Period

One unavoidable delay is the mandatory three-month creditor period under Florida law. Creditors must be formally notified and given time to file claims against the estate. Those claims must then be reviewed, paid, or challenged before probate can move forward.

Delays often increase when

• documents are signed late
• information is uploaded slowly
• or when communication breaks down

While no probate can be rushed beyond what the law allows… Preparation, responsiveness, and organization play a major role in keeping a case moving forward.

Florida Probate Issue #2: How Much Does Probate Really Cost?

Probate costs in Florida vary widely. Some estates cost a few thousand dollars to administer, while others cost tens of thousands — especially when disputes arise.

Florida Statute 733.6171

Florida Statute 733.6171 outlines what are considered “reasonable” attorney fees, but those guidelines are outdated and do not reflect the complexity of modern probate cases.

Factors Affecting Probate Cost In Florida

In reality, the cost of probate depends on several factors:

• the size of the estate
• how organized the assets are
• how quickly parties respond
• whether anyone contests the process

Costs increase rapidly when beneficiaries fight, documents are missing, or decisions are delayed, and so on.

Emotional disputes over issues that do not change the legal outcome often create the largest expenses.

Efficient probate administration relies on…

✅ Clear communication

✅ Prompt responses

✅ Systems that reduce unnecessary back-and-forth.

When those elements break down, fees rise quickly.

Florida Probate Issue #3: Can You Avoid Probate in Florida?

Yes. Probate can often be avoided in Florida, but only if the work is done before someone passes away.

Probate is avoided when assets are properly titled or designated in advance. This may include

• ✅ Jointly titled real estate
• ✅ Lady Bird Deeds
• ✅ Life estate deeds
• ✅ Layable-on-death
• ✅ Transfer-on-death accounts
• ✅ Correctly named beneficiaries
• ✅ Funded trusts.

Many probate cases occur not because planning was ignored, but because planning was incomplete!

A deed was never updated. A bank account had no beneficiary. A trust existed on paper, but no assets were ever transferred into it.

Estate planning only works when legal documents and asset titles match. Without that alignment, even the most carefully prepared estate plan can still end up in probate court.

Florida Probate Issue #4: Accessing a Loved One’s Accounts After Death

Digital assets have become one of the fastest-growing problems in Florida probate.

Past vs. Present 

In the past, families could sort through physical mail, paper statements, and filing cabinets to identify assets. Today, nearly everything is locked behind passwords, two-factor authentication, and online-only platforms.

Families often struggle to access bank accounts, investment platforms, cloud storage, cryptocurrency wallets, and even basic email accounts. Without proper planning, lost passwords can mean permanently lost assets.

Companies like Apple and Google have strict policies governing account access after death. Without legacy contacts, account managers, or legal authorization, personal representatives may face significant obstacles when trying to identify or manage digital property.

Digital estate planning has become essential. Without it, probate administration becomes slower, more expensive, and far more frustrating.

Florida Probate Issue #5: Can a Surviving Spouse Stay in the Home?

Florida homestead law plays a major role in probate, especially when a surviving spouse is involved. The purpose of homestead protections is to prevent spouses and minor children from being left without a place to live.

In many cases, a surviving spouse has the right to remain in the home. However, homestead rules are technical and highly fact-specific. Mortgages, property taxes, insurance, and maintenance expenses do not disappear simply because the property is protected.

Blended Families, Multiple Spouses, Stepchildren

In blended families, conflicts often arise between surviving spouses and stepchildren. Decisions must be made about whether to keep the home, sell it, or convert ownership into tenants-in-common with other heirs.

Homestead decisions are rarely just about legalities. They are emotional and financial. Understanding the rules before making irreversible choices is critical.

Florida Probate Issue #6: What Is a Surviving Spouse Entitled To?

Florida provides some of the strongest surviving spouse protections in the country.

Elective Share — 30% Of The Estate To Spouse

One of the most powerful is the elective share, which generally guarantees a surviving spouse approximately 30% of the estate regardless of what the will says.

Many families are surprised to learn that certain transfers and account changes do not eliminate a spouse’s rights. Prenuptial or postnuptial agreements may affect these rights, but they must be properly drafted and enforced.

Family Allowance In Florida

Florida law also provides for a family allowance, giving surviving spouses access to funds during administration. Making these elections correctly — and on time — becomes especially important in contested probate cases or blended-family situations.

These protections exist to prevent surviving spouses from being financially excluded after a death, even when family dynamics are complicated.

Florida Probate Issue #7: What To Do With Mom and Dad’s Stuff

Personal property is often the most emotionally charged issue in probate. Furniture, heirlooms, photos, collections, and household items can create more conflict than large financial assets.

Personal Representative’s Role In Florida Probate Law

Florida probate law requires the personal representative to handle these items responsibly, but disputes frequently arise when wishes are unclear. When personal property is not listed or addressed in a will, families may argue over sentimental items with little monetary value.

Planning ahead (such as listing personal property distributions) can prevent expensive conflicts later. In some cases, professional estate cleanout or downsizing services help families move forward respectfully and efficiently.

Florida Probate Issue #8: Handling Family Conflict After a Death

Probate is not just a legal process. it is an emotional one. Grief, stress, shock, and unresolved family tensions often surface immediately after a death.

Families frequently feel pressured to act quickly, even when no immediate decisions are legally required. Estranged relatives may suddenly reappear, and long-standing conflicts can escalate under probate pressure.

In many cases, slowing down is the smartest move. A probate attorney often acts as a buffer, managing communication and protecting surviving spouses or vulnerable family members from aggressive demands.

Managing emotions is often just as important as managing legal deadlines.

Florida Probate Issue #9: Are Lawyers Charging Too Much?

Attorney fees are one of the most misunderstood aspects of Florida probate. While fees must comply with Florida Statute 733.6171, beneficiaries and spouses still have the right to question or challenge excessive charges.

Clear & Reasonable Agreements

Retainer agreements must clearly outline compensation, and fees must be reasonable given the complexity of the case. When fees appear disproportionate, Florida law provides mechanisms for review and dispute.

Florida Probate Issue #10: Who Owns the House After Death?

Real estate is one of the most confusing probate issues in Florida. Homestead property is treated very differently from other real estate and often passes outside the probate estate at the moment of death.

Ownership Rights in Florida

Personal representatives generally do not have authority to sell or control homestead property. Ownership rights depend on whether there is a surviving spouse, minor children, or other heirs.

Non-homestead properties — such as rental homes or investment properties — follow different rules and may require probate administration or ancillary proceedings.

Final Thoughts

Florida probate is shaped by strict statutes, powerful protections for spouses and children, and emotional realities that families cannot ignore. These ten issues account for the majority of delays, disputes, and expenses seen in real probate cases.