When a loved one passes away, probate is often the legal process used to settle their estate. In Florida, probate can help ensure that debts are paid and assets are distributed according to the will—or, if there’s no will, according to state law. But sometimes, families discover unexpected issues along the way. These probate surprises can slow down the process, create conflict, or even change the outcome of the estate.
Below are some of the most common surprises that arise during Florida probate.
One of the first steps in probate is notifying creditors. Sometimes, heirs are shocked to learn about significant credit card balances, personal loans, or even medical bills they didn’t know existed. These debts must generally be paid before beneficiaries receive their inheritance.
Families are often surprised when the will leaves assets to unexpected beneficiaries—or when someone assumed they would inherit something specific, but it’s not listed. In some cases, a will might even be outdated, naming individuals who have already passed away or leaving out new family members.
Probate can uncover assets that no one realized existed, such as forgotten bank accounts, safe deposit boxes, stock certificates, or even real estate in another state. Tracking these down can lengthen the process but also increase the estate’s value.
Sentimental items—like jewelry, art, or family heirlooms—can sometimes spark the biggest disagreements. If the will doesn’t provide clear instructions, probate can become the setting for emotional disputes among heirs.
Sometimes, heirs question whether the person who made the will truly had the mental capacity to do so, or whether they were pressured by someone else. These challenges can lead to probate litigation, delaying the estate’s resolution and creating lasting family rifts.
In Florida, real estate often makes up a large portion of an estate. Issues can arise if the property is co-owned, has unclear title, or is subject to a mortgage or lien. In some cases, a homestead property may be treated differently under Florida law, which can surprise heirs.
If the deceased owned property in another state (such as a vacation home), that property may need to go through a separate “ancillary probate” process. Families are often surprised to learn that Florida probate doesn’t automatically cover assets located elsewhere.
Sometimes a will is found but the trust document is missing—or the will references an unfunded trust. Missing, conflicting, or poorly drafted documents can complicate the probate process and make it difficult to carry out the decedent’s wishes.
Probate can bring clarity, but it can also reveal unexpected challenges. For families in Florida, being aware of these potential surprises can help reduce stress during a difficult time.
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