No, Florida does not currently collect an estate tax. However, if a Federal estate tax return is required, then a Florida one will have to be filed too–even though there will be nothing owed therein

No. There are additional options for small estates without property, those with only homestead property, and cases in which the deceased has been gone for two years or more. These are known as summary administration and disposition without administration.

Yes, they are! Florida requires a lawyer to assist with the probate process.

There are only two exceptions and those are: a very small estate or one in which the Personal Representative is the only beneficiary. These two situations are very rare.

There are so many rules and pitfalls to probate administration, that a non-lawyer will certainly be overwhelmed. The Florida court system doesn’t make documents readily accessible, the wording requirements are precise, and the clerk’s office doesn’t offer probate assistance. Therefore, even if an attorney isn’t required, a legal professional is still highly recommended.

Contrary to Hollywood productions, there is no “reading of the will,” like old movies portray. Everything is done electronically. Not even the probate attorney or estate lawyer will need to go to court unless there are disputes that require a hearing.

Unfortunately, no. Underwriters in Florida have no way of knowing if the will being filed is valid, or if it’s the final will of the deceased. In addition, they can’t discern potential claims against the property.

Not really. Obviously there are some hindrances to starting a probate proceeding years after an estate owner’s passing–families lose connections, other’s pass that might have been heirs, etc. So, while it’s never too late to start probate proceedings, it can be incredibly costly to postpone the process.