Whether you were named executor, just lost someone without a will, or received a notice from a Florida court β the probate process is complex, public, and unforgiving of mistakes. The Siegel Law Group guides South Florida families through every step with compassion and clarity.
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Being named executor is an honor β and a serious legal responsibility. Executors who make these mistakes can be held personally liable. Most of them happen simply because no one explained what the job actually requires.
Florida law requires all valid creditor claims to be satisfied before any assets are distributed to heirs. An executor who distributes assets early can be held personally responsible for unpaid debts β out of their own pocket. Creditors have 90 days after notice (or 2 years from death) to file claims. Distribution must wait.
The Law: Debts come before distributionsA will tells the court what the deceased wanted. It does not avoid the court process β it just guides it. Every will in Florida must be filed with the probate court. Assets titled solely in the deceased's name, without a beneficiary designation, must go through formal or summary administration regardless of what the will says.
The Law: A will still requires court administrationFlorida homestead property does not pass simply β it has unique constitutional protections that affect who can inherit it and how it transfers. A surviving spouse and minor children have rights to homestead property that can override the will entirely. Getting homestead wrong can cloud the title and create years of legal problems for heirs.
Florida law: Homestead rules override the willMany families delay starting the probate process out of grief, confusion, or the hope that it will somehow resolve itself. In Florida, estates should be opened within 2 years of death. Extended delays create title problems, make it harder to locate and secure assets, and can result in family members receiving notices of potential default from the court.
The Law: Act within 2 years of deathBeing named executor means you are legally responsible for gathering assets, notifying creditors, paying debts, filing tax returns, managing the court process, and distributing the estate correctly. You can be held personally liable for errors. You do not have to do this alone β and you should not.
When someone dies without a will in Florida, state law determines who inherits and in what shares. The court must appoint a personal representative. Family dynamics can become complicated quickly. We help establish the legal process clearly and fairly β with your family's peace as a priority.
If the estate is valued under $75,000 (excluding homestead property) or the deceased has been gone more than 2 years, Florida may allow a simplified process called summary administration. This is significantly faster and less expensive than formal administration β but it must be done correctly to produce a valid court order.
Grief and money are a difficult combination. Disputes over distributions, challenges to the will's validity, concerns about how the executor is handling the estate, and disagreements among heirs are all situations we navigate regularly β with a focus on resolution rather than prolonged conflict.
Most families have never dealt with probate before. Barry explains the process clearly, without legal jargon, so you know exactly what to expect before you call.
Thousands of South Florida families have trusted The Siegel Law Group through the most difficult moments of their lives. Here is one of them, in their own words.
"Barry and his team gave us peace of mind we did not even know we were missing. Every question was answered, every document explained. We finally have a plan that actually protects our family."
"When my father passed without a will, I had no idea what to do. The probate court felt impossibly intimidating. Barry's team walked me through every single step, explained everything in plain language, and handled the entire process. My family was protected and the estate was closed correctly. I cannot thank them enough."
"I was named executor in my mother's will and felt completely overwhelmed by the responsibility. I was worried about making a mistake that would affect my siblings. Barry's team guided me through everything β creditors, court filings, the homestead property β and the estate was settled fairly and completely. I trusted them with something irreplaceable."
"We came to Siegel Law Group after my husband passed suddenly without any estate planning in place. I was devastated and completely lost in the legal process. Barry's team handled everything with compassion and professionalism. The estate was closed, the home was protected, and my family came through it intact. They are my attorneys for life."
Probate is unfamiliar territory for most families. These are the questions we hear most often. If yours is not here, call us β the first conversation is always free.
Florida probate is a legal process with deadlines, court filings, and real consequences for mistakes. A free consultation with Barry Siegel's team gives you a clear picture of exactly what your situation requires β and exactly how we can help. Phones answered 24 hours a day.
Or call us directly: (561) 559-6232 Β· Phones answered 24/7