What Happens If You Don’t File Probate in Florida?

Failing to file a probate in Florida can have serious consequences in Florida.

While aware of the existence of a will, the subsequent steps in the probate process may remain unclear. This situation is common, particularly in Florida, where understanding the complexities of probate can be challenging.

At the Law Office of Cameron H.P. White, P.A., we understand how overwhelming these situations can be. Our firm is dedicated to offering practical guidance through estate and probate matters, helping you understand what happens if probate isn’t filed, and why it’s something you really shouldn’t ignore.

What Is Probate?

Probate is the legal process that ensures a deceased person’s assets are distributed according to their will. If there’s no will, probate helps divide the estate following Florida’s intestate laws (more on that later). During probate, the court recognizes the will, makes sure any debts or taxes are paid, and then transfers assets to the right beneficiaries.

In Florida, probate can take different forms:

  • Formal Administration: The most common type, used for larger estates.
  • Summary Administration: A quicker process for smaller estates.
  • Ancillary Probate: Required when the deceased owned property in another state, but resided in Florida.

Why Probate Matters in Florida

Probate is the last step in ensuring that your loved one’s wishes are fulfilled. All of those legal protections are stripped away if you choose not to go through probate.

When you file probate, you’re ensuring the estate can be managed appropriately and passed on to the right people. It ensures the deceased’s debts and taxes are settled so their beneficiaries don’t run into trouble down the road. Without probate, beneficiaries could be on the hook for unpaid debts or improperly handled taxes.

Consequences of Not Filing Probate

So, what happens if probate isn’t filed? Here’s a look at the possible fallout:

1. Assets Stay Frozen

When probate isn’t filed, certain assets, such as real estate and vehicles, remain in the deceased person’s name. This means heirs won’t be able to sell or manage these assets, which can create all sorts of complications down the line.

2. The Will Has No Effect

A will only has legal force when it’s probated. If you don’t file for probate, the terms of the will are essentially meaningless, and the deceased person’s wishes may not be followed.

3. Creditors Keep Knocking

Without probate, the estate is still open to creditor claims. Creditors can pursue payment of the deceased person’s debts for as long as the estate remains unresolved. Probate brings finality to these claims and prevents them from lingering.

4. Unwanted Tax Issues

Skipping probate could result in tax complications. Some assets might trigger tax liabilities that beneficiaries didn’t expect. Without probate, those taxes could go unpaid, adding stress to an already difficult time.

5. Family Disputes

Unfortunately, not filing probate often leads to family disputes. Without a clear, legal process, disagreements over assets and property are more likely to arise, causing tension among family members.

6. Executor Liability

If you’ve been named executor or personal representative and you don’t file probate, you could be held personally responsible. This means you might be liable for damages to the estate or the beneficiaries, simply for not taking action.

7. Intestate Succession Kicks In

Florida’s intestate succession laws determine how the estate is distributed when there’s no probated will. These laws follow a strict order of inheritance that might not match what the deceased wanted. For example, without a valid will, assets might go to distant relatives instead of close friends or preferred beneficiaries.

8. Loss of Control

Perhaps the most unsettling consequence is the lack of control. If probate isn’t filed, there’s no legal framework to ensure that assets go where they were meant to go, leaving things to chance.

When Might Probate Be Avoided?

There are a few instances when probate might not be necessary in Florida. While these exceptions can offer a simpler path, they don’t apply to everyone. Here are some cases where probate might be avoided:

Small Estates

Florida allows for a quicker process if the estate’s value is $75,000 or less. This is called summary administration, and it’s usually used for estates without much complexity. If the estate is even smaller—meaning no real property and very few personal assets—there’s an option for disposition without administration, but this is rare.

Assets with Beneficiaries

Assets like life insurance policies and retirement accounts often pass directly to named beneficiaries, avoiding probate altogether.

Joint Ownership

Property that’s owned jointly with a right of survivorship automatically transfers to the surviving owner. This is common for homes or bank accounts.

  • Living Trusts: If the deceased set up a living trust during their lifetime, the assets held in that trust bypass probate. Living trusts can be a valuable estate planning tool because they allow for the private transfer of assets outside of court.

Need Help with Probate in Florida? Contact Us Today!

If you’re facing the probate process or unsure if it’s needed, we’re here to help. The Law Office of Cameron H.P. White, P.A. is committed to guiding you through every step, ensuring your loved one’s estate is handled properly. Call us today at 407-792-6011 to schedule a free consultation. We’ll work through the details together, answer your questions, and help you find the best next steps.

The sooner you start, the easier it is to protect the estate and avoid potential complications. Reach out to us now for guidance that will make all the difference during this challenging time.