Probate
Guidance for Personal Representatives, Heirs, and Families After a Loss
Settling an estate can feel overwhelming, especially when you are also grieving. Probate may involve court filings, creditor notices, property issues, beneficiary communication, tax-related questions, and deadlines that are difficult to manage without guidance.
Sharpe Planning helps Fort Lauderdale and South Florida families navigate probate administration with clear legal direction, organized next steps, and support tailored to Florida requirements. Whether there is a will, no will, or Florida property involved in an out-of-state estate, you do not have to handle the process alone.
Estate Administration
Clear Support for Personal Representatives and Families
Estate administration is the process of gathering a person’s assets after death, addressing debts and expenses, handling court requirements, and distributing property to the proper beneficiaries or heirs. In Florida, the person responsible for managing this process is called the personal representative, though many people still use the term executor.
This role can come with significant responsibility. A personal representative may need to locate assets, review the will, communicate with beneficiaries, manage real estate, address creditor claims, coordinate tax filings, and keep the probate process moving. Even a seemingly simple estate can become complicated when there are multiple beneficiaries, unclear documents, out-of-state family members, real estate, retirement accounts, or tax-sensitive assets.
Sharpe Planning helps personal representatives understand what needs to happen, what deadlines matter, and how to move through the process with fewer surprises.
Jennifer D. Sharpe, P.A.
Jennifer D. Sharpe is a Fort Lauderdale estate planning attorney and founder of Sharpe Planning, helping South Florida families with estate planning, probate, elder law, and trust administration. A former Deloitte CPA with an LL.M. in taxation, she brings both legal and financial insight to family planning decisions.
Common Estate Administration Issues We Help With
Families often need support with inherited real estate, especially when property is located in Broward County or elsewhere in South Florida. Real estate may need to be valued, maintained, sold, transferred, or coordinated with probate court requirements.
Retirement accounts and financial assets can also create confusion. Some accounts may pass by beneficiary designation, while others may need to be reviewed as part of the broader estate administration process.
Tax-sensitive estates require careful attention as well. A personal representative may need to coordinate final income tax returns, estate income tax issues, or other tax-related questions before distributions are made. The Florida Bar notes that probate can involve creditor claims, tax filings, payment of expenses, distributions, and formal estate closing steps.
Avoiding Common Probate Mistakes
Many personal representatives underestimate how much is involved. Delaying court filings, misunderstanding the will, distributing assets too early, overlooking creditors, or failing to communicate clearly with beneficiaries can create unnecessary conflict and potential liability.
Early legal guidance helps bring structure to the process. Sharpe Planning helps you gather the right documents, understand your duties, communicate more confidently with beneficiaries, and avoid decisions that could cause problems later.
Intestate Succession
When Someone Dies Without a Will in Florida
Intestate succession applies when someone passes away without a valid will, or when part of the estate is not effectively addressed by a will. In that situation, Florida law determines who inherits probate assets rather than allowing the family to follow unwritten wishes or informal agreements.
This can be especially stressful for families who assumed they knew what their loved one wanted. Without a will, the court must determine the proper heirs, appoint a personal representative, and oversee distribution according to Florida’s legal order.
Who Inherits When There Is No Will?
The answer depends on the family structure. A surviving spouse may inherit the entire intestate estate in some situations, such as when there are no surviving descendants, or when all descendants are also descendants of the surviving spouse and the surviving spouse has no other descendants. In other circumstances, including some blended-family situations, the surviving spouse may receive one-half of the intestate estate.
If there is no surviving spouse, or if part of the estate does not pass to the spouse, Florida law looks next to descendants, then parents, then siblings and other relatives in the order set by statute.
Because family structures are often more complicated than they appear, intestate succession can create questions about children from prior relationships, unmarried partners, estranged relatives, minor beneficiaries, homestead property, and who has priority to serve as personal representative.
Probate Without a Will
Probate may still be necessary even when there is no will. The court may need to appoint a personal representative, confirm heirs, address debts, and authorize distribution of estate assets. In an intestate estate, Florida law gives priority for appointment first to the surviving spouse, then to the person selected by a majority in interest of the heirs, and then to the nearest heir, subject to court approval.
Sharpe Planning helps families understand who may inherit, who may serve, what documents are needed, and how to move through probate when no estate plan was in place.
Ancillary Probate
Help With Florida Property owned by a Non-Resident of Florida
Ancillary probate may be needed when someone lived outside Florida but owned property or other assets in Florida at the time of death. This often comes up when a person owned a vacation home, rental property, investment property, inherited family property, or other Florida-based assets.
Even if probate is already open in the person’s home state, Florida property may still require a separate Florida proceeding before it can be transferred, sold, or distributed. Under Florida law, ancillary administration applies when a nonresident dies leaving assets in Florida, credits due from Florida residents, or liens on Florida property.
For families outside Florida, this can be confusing. You may already be working with a personal representative or attorney in another state, but still need local guidance to address the Florida asset correctly.
When Ancillary Probate Is Common
Ancillary probate often arises when the estate includes a Fort Lauderdale condo, Broward County home, or Florida vacation property, rental property, or land titled solely in the deceased person’s name.
It may also be necessary when the Florida asset was not placed into a trust, did not have a valid transfer-on-death or survivorship structure, or cannot be transferred by title company or financial institution without court authority.
Sharpe Planning helps review the existing estate documents, coordinate with out-of-state representatives or counsel when appropriate, prepare Florida probate filings, and guide the process through the local court.
Avoiding Delays With Florida Property
Ancillary probate can become delayed when families assume the home-state probate automatically controls Florida real estate, wait too long to open the Florida proceeding, misunderstand local requirements, or try to sell property before the proper authority is in place.
Having Florida-based probate guidance helps keep the process organized. Sharpe Planning helps families understand what needs to be filed, who may serve, what authority is required, and how to move toward a proper transfer or sale of the Florida asset.
Probate Guidance When the Next Step Feels Unclear
Whether you are serving as a personal representative or a beneficiary , trying to understand who inherits without a will, or managing Florida property from another state, probate can involve more than paperwork. It can affect family relationships, financial decisions, real estate, taxes, and the timing of when assets can be distributed.
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Sharpe Planning provides attorney-led probate guidance for families in Fort Lauderdale, Broward County, and throughout Florida. Start with a conversation so you can understand what needs to happen next and move forward with a clearer plan.
